DETERMINING THE SUITABILITY OF NON-ADJUDICATORY METHODS OVER THE PROSECUTION OF SMUGGLING OF GOODS IN NIGERIA

Abstract

Smuggling which involves the illegal importation or exportation of goods either to evade the correct payment of duty or to undermine government policy on existing prohibition regulations, can lead to the arrest and prosecution of offenders as provided under the Nigeria Customs Service (NCS) Act. The punishment provided therein ranges from terms of imprisonment to fines and at times confiscation of the goods. This paper discusses the various forms of resolving smuggling cases in Nigeria in order to ascertain the suitability of non-adjudicatory methods, it adopts the doctrinal approach of methodology by relying on relevant statutes, judicial decisions and literature. It points out the challenges inherent in the prosecution of smuggling offences which make the application of non-adjudicatory methods imperative. It finds that forfeiture and condemnation proceedings as well as out of court settlement are non-conviction methods that can minimize the often protracted adversarial court system. While plea bargain essentially entails court trial and possible conviction, this paper prefers compounding of smuggling offences in form of negotiation resulting to an agreement in lieu of prosecution. It recommends the adoption of express regulation guiding compounding of smuggling offences that will promote revenue generation without undermining security and other public policy concerns.