SENTENCING PEOPLE WITHOUT CONCRETE LEGAL FOUNDATION: A PROFOUND CHALLENGE OF LEGITIMACY OF THE JUDICIARY IN NIGERIA

This study examines the sentencing of Nigerian people without concrete legal foundation by the judiciary. The broad objective is to assess the impact of judicial discretion on the justice system. The study employed a doctrinal research method, utilizing primary sources of data, including statutes and case laws. The data was analyzed using qualitative content analysis. The study applied the theories of judicial activism and restraint, and adopted a critical analysis approach. The study used SPSS package for data analysis and Yaro Yamane's formula was used to determine the sample size. The major findings revealed that the absence of clear sentencing guidelines has led to inconsistent and arbitrary sentencing practices, judicial corruption and bias have undermined the integrity of the justice system, and the use of non-custodial sentencing options can reduce prison congestion. The study recommends the establishment of clear sentencing guidelines, judicial accountability, and transparency. The Nigerian judiciary must urgently reform to ensure that justice is served, not sold, and that the rights of citizens are protected, not trampled