“Life Sentence” Does Not Mean Imprisonment For Life: A Rejoinder By O. G. Chukkol

Nairalaw published a short write up today (via the link
life-sentence-does-not-mean-imprisonment-for-life/)
wherein Mr. Arome Abu, the Managing Partner of Abu & Olaniyan
Partners said that In Nigeria, sentence of Life Imprisonment is
equivalent to imprisonment for 20 Years. He relies on section 70 of
the Penal Code and Section 468 of the Administration of Criminal
Justice Act, 2015. Interestingly the author admitted the absence of
an identical provision in the Criminal Code which is applicable to
the South.^[1]

The implication of Mr. Abu’s position is that once a convict who
was sentenced to life imprisonment spends 20 years in prison, he is
entitled to be released. Can this be the true position of the law?
In other words, does Mr. Abu’s interpretation represent the
contemplation of the legislature? With profound respect, I beg to
differ. For all purposes, imprisonment for life must, prima facie,
be treated as imprisonment till person’s death.

SECTION 70 OF THE PENAL CODE

Section 70 of the Penal Code relied upon by the author provides
as follows:

“In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to
imprisonment for twenty years.”

The above section is clear and unambiguous. It does not say that
imprisonment for life shall be deemed to be imprisonment for 20
years. This section comes into play only when fractions of terms of
punishment are to be calculated. Consequently, a convict undergoing
imprisonment for life is not entitled to claim release from the
prison after he has served the sentence for twenty years.

It should be noted that Penal Code was borrowed from India and
the above section is a word by word a replica of section 57 of the
Indian Penal Code. Not just India, the provision is also similar to
that of Bangladesh, Uganda, Iraq, Pakistan, Sudan, Myanmar (Burma)
etc. except Malaysia which has a slightly different provision. The
interpretation of the above provision has come up before courts in
the countries above for interpretation.

In India for example, their chief case law on this issue is
Gopal Vinayak Godse v. The State of Maharashtra and others
(1961), 3 SCR 440. In this case, the convict petitioner
relied on section 57 of the Indian Penal Code (which is in pari
materia with the Nigerian Penal Code) and contended that as the
term of imprisonment actually served by him exceeded 20 years, his
further detention in jail was illegal and prayed to be freed.
Repelling such a contention, the Supreme Court of India held that
“sentence of imprisonment for life is not for any definite period
and the imprisonment for life must, prima facie, be treated as
imprisonment for the whole of the remaining period of the convicted
person’s natural life.”

In Subash Chander V. Krishan Lal, (2001) 4 SCC
458, the court considered the length of life imprisonment,
while going over the precedents germane to the question and
observed as follows:

“Section 57 of the Indian Penal Code has no real bearing on
the question raised before us. For calculating fractions of terms
of punishment the section provides that transportation for life
shall be regarded as equivalent to imprisonment for twenty years.
It does not say that transportation for life shall be deemed to be
transportation for twenty years…. A sentence of transportation for
life or imprisonment for life must prima facie be treated as
transportation or imprisonment for the whole of the remaining
period of the convicted person’s natural life.”

See also the recent Indian case of Union of India v.
Sree Horan, (2016) 7 SCC 1, where fraction of

The Chief Justice of Bangladesh in Ataur Mridha v State
(Criminal Appeal No. 15-16/2010, decided on 14 February
2017)  elucidated further that section 57 is
applicable to cases where the court would need to award sentence in
terms of fractions of sentence prescribed for a principal offence.
He said for instance sedition is punishable with imprisonment for
life. If somebody attempts sedition but fails, the Penal Code would
not define the punishment expressly. Rather would require the court
to award a sentence of maximum half of life imprisonment prescribed
for the principal offence (sedition). But what is “half” of one’s
life? This time the section 57 would step in. Reckoning “life
imprisonment” as thirty years imprisonment, a half-fraction of
“life imprisonment” for this case would be fifteen years. The AD
here holds that except helping us determine the fractions
applicable to offenses like above, section 57 has no other role to
play with the tenure of life imprisonment as such. Life
imprisonment therefore means “imprisonment for the natural duration
of a convict’s life” (see pp. 50-51 of the judgment).

It is interesting to note that even when we come back to
Nigeria, section 3 of the Kaduna State Penal Code law, 2017 in
respect of life sentence provides as follows:

“Life Imprisonment” means imprisonment for the rest
of the life of a convict;

SECTION 468 OF THE ADMINISTRATION OF CRIMINAL JUSTICE
ACT, 2015

ACJA too which Mr. ABU relies on has not itself fixed a definite
term for life imprisonment. Rather, what it makes provision for is
REMISSION. Remission is just a way of rewarding
good behavior of a prisoner by applying for the reduction or
suspension of his remaining jail term. For the avoidance of doubt,
the section provides thus:

1. Where the Comptroller-General of Prisons makes a report to
   the court recommending that a prisoner:

(a) sentenced and serving his sentence in prison is of good
behaviour; and

(b) has served at least one third of his prison term, if he
is sentenced to imprisonment for a term of at least fifteen years
or where he is sentenced to life imprisonment, the court may, after
hearing the prosecution and the prisoner or his legal
representative, order that the remaining term of his imprisonment
be

suspended, with or without conditions, as the court
considers fit, and the prisoner shall be released from prison on
the order.

In the light of the foregoing, life sentence is, as the name
suggests, incarceration forever unless the prisoner is pardoned or
is granted remission.

O. G. Chukkol is a final year student, Faculty of Law, ABU,
Zaria and may be reached via [email protected]^[2] or
08032470318