PLEA BARGAIN UNDER NIGERIAN CRIMINAL JUSTICE: A CRITICAL ANALYSIS

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, provide for plea bargain among others. Despite the intention of these laws, it is further seen that the prosecuting counsel wields so much power in a plea bargain system. Also, it does seem that the prosecutor has more control over everything that happens in the criminal justice system, including the court. Aside the above, it is argued that the concept Of plea bargaining negates the principle Off air 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 last 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 been criticized by some scholars, from practical experience, it is also seen that the power have the propensity to compel people with criminal tendency to refrain from committing crime, or use as a bargaining tool in order to promote the goals ofthe criminaljustice system, especially in the quick delivery ofjustice. This article critically examined the extent to which both the ACJA and ACJL of the various states have enhanced the speedy dispensation of justice through plea bargain. The article 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 AC.JA 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 the absence Of a robust and all-encompassing legal and institutional frameworks sustainable enough to enhance the smooth application Of the concept is recommended. In the findings, it is seen that the practice tends to exclude lawyers and also usurp the judicial powers of the courts.