Plea bargain concept was surreptitiously smuggled into our statutory laws with the creation of the efcc eco. There is also a lack of clear understanding of how the process is conducted and fulfilled, as most of the activities are done behind the closed doors of. Collective bargaining and conflict resolution in nigerias. A moral critique sule peter echewija department of philosophy, federal university lafia, nigeria abstract the idea of justice normatively reflects justitia in the roman worldview. History and origin in plea bargaining in nigeria, defines plea bargaining as. Implementation guidelines for plea bargain made pursua nt to s 270 acja provided in article 4 f that the prosecution shall balance the risks posed by the crime, the interest of the public and. There is also a lack of clear understanding of how the process is conducted and fulfilled, as most of the activities are done behind the closed doors of the prosecutors office. This is in marked contrast to the united states, where extensive and sophisticated literature on the topic has developed. Thomas in england and wales plea bargaining is a little discussed subject into which insufficient research has been undertaken. Some comparative analysis is carried out in relation to the use of plea bargaining under the. D lecturer faculty of law, anambra state university igbariam.
The administration of criminal justice act, 2015 hereinafter simply the acja was signed into law on may 14, 2015. Among the positive effects of this ruling is the declogging of court dockets and the cooperation of smalltime users or couriers to pin down drug. Some of the innovative provisions in the acja include the provisions on plea bargaining in section 270 of the act. The insurgence of plea bargaining in our criminal justice system will be considered and its effect on the anticorruption crusade.
Issues and controversies surrounding the use of plea. Mar 27, 2012 introduction the concept and use of plea bargain in nigeria has caused much furore in recent years. Defendants who take a plea bargain eliminate the uncertainty that a trial may bring. The current legal framework on plea bargain in nigeria by bisola. History development of the concept of plea bargaining the concept of plea bargain has been traced to the early 19th century when the adversarial system of adjudication began to rapidly evolve. The application of plea bargaining and restorative justice. A plea agreement means settlement of case without main hearing when the defendant agrees to plead guilty in exchange for a lesser charge or for a more lenient sentence andor for dismissal of certain related charges. Supreme court allows plea bargaining in drug cases.
Plea bargain is a suitable model to the peculiar situation of nigeria. Oct 11, 2010 while plea bargaining is a new trend in nigeria, the practice is considered a common phenomenon in the u. Is it that the english system excludes judicial plea bargaining, or has it produced a number of effective masking techniques. The nigerian criminal justice system is set in motion the moment a crime is committed. More so, the concept and practice of plea bargaining is now making a mockery of our judicial system. Plea bargaining, plea, criminal justice, nigeria, acja, acjl. Sometime in 2012, the chief justice of nigeria, dahiru musdapher as he then was, in his criticism of the concept. The articles examines the legality of the concept of plea bargaining in nigeria in the light of its application to some high profile cases in recent times. Tanzania seeks to introduce plea bargaining in criminal. This project titledan appraisal of the application of plea bargaining procedure in nigerian criminal justice system is aimed at ascertaining the applicability of the concept of plea bargain in the penal system being that it is a novel phenomenon in the general criminal justice system despite the fact it is holding sway in some developed criminal justice jurisdictions like the united.
The concept of plea bargaining in nigeria criminal law nigeria. Read below, full text of the lagos attorneygeneral and commissioner for justice, mr. Plea bargaining can conclude a criminal case without a trial. D senior lecturer, faculty of law, nnamdi azikiwe university, awka. To be cited as ahmadu bello university law journal a. The paper extrays the question as to whether the concept of plea bargaining in the united states is an appropriate model for nigeria and notes that owing to the. Protocol i would like to thank the nigerian bar association for the honour and rare privilege to be called.
However, in nigeria, the public sector pays lipservice to the collective. This is why one of the scriptural books had declared thus. The abuse of plea bargain in nigeria sahara reporters. Plea bargaining is a procedure within a criminal justice system whereby prosecutors and defendants negotiate a plea and dispose of a case before trial. Crime victims and criminal justice criminal administration in nigeria usman a. S legal system and it can be argued that the american criminal justice system would simply cease to function without plea bargaining, according to dirk olin. Practice and procedure of plea bargain under acj act punch. Nigeria in nigeria, plea bargaining has been employed in a number of highprofile corruption cases, such as those against former governors diepreye alamieyeseigha and lucky igbinedion.
Plea bargaining and the administration of criminal justice in. Collective bargaining in the nigerian public sector. The current legal framework on plea bargain in nigeria by. Ekpo nta, should plea bargaining apply to all offences in nigeria being a discussion paper. The term pleabargaining is a derivative of two words namely. All are anxious to be found not guilty or, alternatively, to minimize their sentences. This has been because of its use by the economic and financial crimes commission efcc in dealing with cases of corruption by public officials and others holding offices of public trust. Behind this statistic lies the practice of pleabargaining, in which prosecutors and trial judges offer defendants concessions in exchange for their.
The concept of plea bargain is a new phenomenon in the nigerian legal system. Oct 14, 2017 plea bargaining exploits the insubstantiality of nigerias criminal codes and its proponents argue from a costbenefit analysis stance that pits cost against justice. Plea bargaining is a significant part of the criminal justice system in the united states. France, germany, india, japan, nigeria, russia, and south africa have adopted some form of negotiated justice. Part four discusses the implications of the application of plea bargain on nigeria s anti corruption campaign while part five concludes the paper by way of recommendations on how to address the flaws. Crime victims and criminal justice criminal administration. An appraisal of the application of plea bargaining procedure. For those who argue against the concept, it is their view that plea bargaining is unknown to the nigerian jurisprudence especially the federal laws. A plea bargaining, also called a plea agreement or negotiated plea, is an alternative and consensual way of criminal case settlement. He argued that in nigeria, the use of plea bargaining was being bastardised because most of the suspects allowed to make the pleas were paying back a fraction of the money they had stolen. Plea bargaining and the administration of criminal justice in nigeria. Some measure of fast track can also be achieved in a criminal case through the use adr principles. A panacea for economic and financial crimes in nigeria by afolasade a.
Plea bargain allows an accused to plead guilty to a lesser. Dirk olin, plea bargain, the new york times magazine, september 29, 2002. The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles. In nigeria, a proper understanding of the concept of plea bargain by prosecutors and law enforcement officers is seriously required to reduce the misconception that what is being plea bargained is. Nigeria in nigeria, plea bargaining has been employed in a. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in the criminal justice system. Agreements may be entered into before, during, or after the presentation of the prosecutions evidence. Plea bargaining in england to both systems are the defendants. S legal system and it can be argued that the american criminal justice system would simply. Plea bargaining forms part of our criminal justice system, and effort should be made to properly apply the concept. Plea bargaining in england northwestern university. While plea bargaining is a new trend in nigeria, the practice is considered a common phenomenon in the u. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant.
Such sentiments were contained in the 1993 royal report and the justice for all white paper, published in 2002 allafrica 2015. Plea bargaining and the criminal justice system in nigeria 2 plea bargaining and the criminal justice system in nigeria 2 on. The history of the application of plea bargaining in nigeria. The abuse of plea bargain in nigeria one of the most common and controversial recent practices in the criminal justice process is plea bargaining. Presentation of the plea bargain manual lagos ags remarks. An appraisal of the application of plea bargaining. It is the wish of our creator that we should live in abundance and not in abject poverty.
Plea bargaining has long been a staple of common law criminal justice systems. Jun 23, 2011 the abuse of plea bargain in nigeria a plea bargain is an agreement between the prosecutor and the accused person in a criminal trial. Abstract plea bargaining is one of the recent developments introduced into the nigerian criminal justice system by the administrationof criminal justice act 2015. The history of the application of plea bargaining in nigeria started with the. Introduction until recently, nigerians were not familiar with the legal term plea bargain as it was not part of the nigerian legal system. This act may not be the first to introduce plea bargaining in nigeria, but its provisions are unique and more elaborate. If a case goes to trial and a defendant loses, there may be several grounds upon which an appeal may be filed. The application of plea bargaining and restorative justice in. The emergence of plea bargaining in the nigeria legal system. Part four discusses the implications of the application of plea bargain on nigerias anticorruption campaign while part five concludes the paper by way of recommendations on how to address the flaws.
The process whereby the accused and the prosecutor in a criminal case work out a mutually. In the past, eminent jurists, including kayode eso, jsc late and the former chief justice of nigeria, dahiru musdapher have criticized the resort to plea bargaining by the anticorruption agencies. The legality of the use of plea bargain in the nigerian. Several countries, however, have adopted various forms of this institution as part of their criminal justice reforms to the end of reducing their own criminal dockets. Analyzing the provision for plea bargaining under the administration of criminal justice act, 2015 and its likely impact on the trial of corruption and other cases by christopher olayiwola ogundare, esq. In the context of criminal justice, adr principles and practices are in the form of plea bargains, noncustodial options and restorative justice. The research work aimed at ascertaining the applicability of the concept of plea bargaining the nigeria penal systems through an examination of the legal and institutional frameworks on the subject matter in nigeria. This work will analyze the incidence the incidence of corruption in nigeria, the havoc it has caused on the society and the attempts made by government at curbing it. Protocol i would like to thank the nigerian bar association for the. Introduction the concept and use of plea bargain in nigeria has caused much furore in recent years. Mordi and others published the use of plea bargain in nigerian criminal law find, read and cite all the.
The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria because of its tendency to deepen and extenuate. The practice of plea bargaining and its effect on the anti. The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. The parties involved in a plea bargain are the prosecutor. Plea bargaining in nigeria seahi publications and academic journals. A trial procedure that negates fundamental rights of the accused person3 argued that the process of plea bargaining violates the following rights guaranteed under the us constitution and the 1999 constitution of nigeria which are, the presumption of innocence. Recommendations that will assist all stakeholders in the application of plea bargaining are also expressed in this study. Aug 04, 2019 the noted benefits of plea bargaining have made it an increasingly popular model of criminal justice reform around the world. In defense of plea bargaining is the problem, by jiti ogunye. The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria. If applied correctly and not randomly, it would permit a quick resolution with all the benefits that result from final disposition to avoid delays. A trial procedure that negates fundamental rights of the accused person 3 argued that the process of plea bargaining violates the following rights guaranteed under the us constitution and the 1999 constitution of nigeria which are, the presumption of innocence of the accused person until proven. He emphasized that infact, government being the major employer of organized labour has impacted negatively on the practice of collective bargaining in the private sector through its employment practices and actions.
Adeniji kazeems remarks at the presentation of the plea bargain manual held on thursday, 21st of september, 2017 at the conference room, ministry of justice, alausaikeja. Globalisation of plea bargaining and its emergence in nigeria. Plea bargaining is a prominent feature of the criminal justice system in the united states. Section 75 of the administration of criminal justice law of lagos state, 2015 empowers my office to consider and accept plea bargain proposals from and on behalf of.
There is agreement among scholars and writers in this area not only in the fact that collective bargaining started in the public sector, but also in the explanation for same otite, 1994. Plea bargaining and the criminal justice system in nigeria2. Dec 15, 2010 in other words, plea bargaining is arguably another outgrowth of late19thcentury industrialization. Plea bargains are subject to the approval of the court, and. Finally, where a plea bargain is approved by the court, it can hand down a more lenient sentence in respect of any charge before it. On the practice perspectives of plea bargaining in nigeria, 7th may, 20. Globalisation of plea bargaining and its emergence in. Restorative justice has been introduced into the nigerian criminal justice system by the enactment of the administration of criminal justice act, 2015. Analyzing plea bargaining for corruption cases under the.
Plea bargaining legal definition of plea bargaining. Here are some additional advantages and disadvantages of plea bargaining to take a look at today. Pdf the use of plea bargain in nigerian criminal law. The noted benefits of plea bargaining have made it an increasingly popular model of criminal justice reform around the world. This prima facie approach inexorably leads to the following questions.
Under the plea bargaining provisions of broad application in, enacted in 2015, the nigeria prosecution may offer or accept a plea agreement from a defendant, provided that certain conditions are present in the relevant case. Under the plea bargaining provisions of broad application in nigeria, enacted in 2015, the prosecution may offer or accept a plea agreement from a defendant, provided that certain conditions are present in the relevant case. In 2010, a plea bargain was struck with cecilia ibru, the former chief executive of. This paper interrogated the pros and cons of the application of plea bargain by the economic and financial crimes.
419 745 283 116 44 304 779 518 514 747 1413 170 1054 1422 462 647 1498 823 143 1201 1146 824 1453 1304 594 1476 486 148 432 395