ISSUES IN PLEA BARGAIN UNDER NIGERIAN CRIMINAL JUSTICE: A COMPARATIVE ANALYSIS OF THE APPROACHES OF SELECTED JURISDICTIONS

Abstract

It is without doubt that the need to improve the effectiveness and efficiency of the criminal justice
system necessitated the enactment of the Administration of Criminal Justice Act of 2015(ACJA), and the
various States Administration of Criminal Justice Laws (ACJL). Both the ACJA and the ACJL of the
various states amongst others, provide for plea bargain. The singular intention of these laws (ACJA and
ACJL) of the various states was to enhance quick delivery of justice. Nevertheless, it is seen that in a plea
bargain arrangement, the prosecuting counsel wields so much powers over an accused, which makes it
appear that the prosecutor has more control over everything that happens in the criminal justice system,
including the court. Aside the above, it is also argued that the concept of plea bargaining negates the
principle of fair hearing and just desert. Furthermore, contrary to what is obtainable in other jurisdictions,
it appears that the Nigerian plea bargain system covers almost all aspects of crime. Despite this, in the
passing decades, the concept has become the prevailing method of case disposal in Nigeria and in a good
number of countries around the globe. While the prosecutor’s power has usually been criticized by
scholars, from practical experience, it is also seen that the power have the propensity to force people with
criminal tendency to refrain from committing crime, or use as a bargaining tool in order to promote the
very essence achieving a quick delivery of justice. This dissertation tends to critically examine the extent
to which both the ACJA and ACJL of the various states have enhanced speedy dispensation of justice
through plea bargain. The dissertation adopted the doctrinal method of research in which reliance was
placed primarily on the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the ACJA
2015, ACJLs of selected states and other criminal legislations in the country as well as judicial authorities.
Reliance was also placed on secondary sources of information such as opinions of eminent scholars
expressed in books and journals. It was found that though plea bargain is a veritable catalyst for speedy
trial, its effective utilization is hamstrung by absence of a robust and all-encompassing legal and
institutional frameworks adequate and sustainable enough to enhance the smooth application of the
concept. It is also found that the practice tends to exclude lawyers and also usurp judicial powers of the
courts. It is therefore recommended that there should be a robust and all-encompassing legal and
institutional frameworks adequate and sustainable enough to enhance the smooth application of plea
bargain in Nigeria, including tackling corruption which is deterring a prosecutor from doing his work
impartially to enhance the practicability of the concept of plea bargain.