The place of discharge and recognizance in criminal justice administration in Nigeria
Alfred Oluropo Filani, Samson Ayodeji Aina
The aim of this paper is to examine the place of discharge and recognizance in criminal justice administration in Nigeria. Discharge, as a non-custodial sentence, is rarely used by the courts notwithstanding its provisions in the Administration of Criminal Justice Act (ACJA), 2015 and other statutes. The paper examines a conditional discharge, absolute discharge, principles guiding the use of absolute and conditional discharge, combining absolute discharge with other sentences, effects of absolute discharge, breach of conditional discharge, right of an offender discharged conditionally or absolutely to appeal against his conviction and the effect of the exercise of the prerogative of mercy by the President or Governor. This paper further examines the use and practice of recognizance and circumstances in which recognizance can be forfeited. In conclusion, the paper advocated the encouragement of the use of discharge, whether conditionally or absolutely by the courts.