Trade unionism, collective bargaining and nation building 141 nlc or agency. An appraisal of the application of plea bargaining. A preliminary study of how plea bargaining decisions by. Part four discusses the implications of the application of plea bargain on nigerias anti corruption campaign while part five concludes the paper by way of recommendations on how to address the flaws. The concept of plea bargaining in nigeria criminal law nigeria. The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles. Decisions reached at such negotiations are usually implemented by the parties involved. The concept of plea bargaining has now become a part of criminal jurisprudence. Ekpo nta, should plea bargaining apply to all offences in nigeria being a discussion paper. Supreme court allows plea bargaining in drug cases.
Prosecuting corruption and the application of plea bargaining. A critical appraisal of the concept of plea bargaining in 31 issn 20536321print, issn 20536593online criminal justice delivery in nigeria ted. Plea bargaining forms part of our criminal justice system, and effort should be made to properly apply the concept. One of the vocal voices against the plea bargain system is the chief justice of nigeria, cjn, justice dahiru musdapher, who had on november 14, last year, described plea bargain as. Some comparative analysis is carried out in relation to the use of plea bargaining under the. Collective bargaining and conflict resolution in nigerias. The essential conception and the imperative of the discharge of the burden of proof.
This document is a research report submitted to the u. The practice of plea bargaining and its effect on the anti. From caveat emptor to consumer protection, 99 calif. 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.
The criminal lawamendment act, 2005, which amended the code of criminal procedure introduced plea bargaining in india. 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. This article considers the doctrine of plea bargaining and determines the efficacy or otherwise of the doctrine in nigeria. Plea bargaining exploits the insubstantiality of nigerias criminal codes and its proponents argue from a costbenefit analysis stance that pits cost. Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. However, in nigeria, the public sector pays lipservice to the collective. The extent of voluntariness in plea bargaining for economic and financial crimes in nigeria ibrahim danjuma 1 gan ching chuan abstract the concept of plea bargaining has globally been recognised and applied in criminal trials so as to enable the accused person to have lighter punishment or to be charge with a lesser offence in a criminal. The manual provides practical information about what plea bargain entails, the procedure for applying and general information that would make the process less complicated for all stakeholders. Plea bargaining is a significant part of the criminal justice system in the united states. It is presented in very simple english to ensure that even the layman on the street can understand it.
Issues and controversies surrounding the use of plea. Furthermore, the prosecution may enter a plea bargain with the defendant if the evidence isnt enough to prove the commission of the offence beyond reasonable doubt. A new chapter xxia was enforced in the code from july 5, 2006. The legality of the use of plea bargain in the nigerian. Plea bargaining can conclude a criminal case without a trial. While some posit that the adoption of plea bargain in resolving some cases should be maintained, others argue that its adoption is legalising illegality in nigerias judicial system. 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. Globalisation of plea bargaining and its emergence in.
This paper begins with brief description on anti corruption scheme established in nigeria and endeavors to assess the strength of nigerias effort in plea bargain in the war against corruption, effective implementation, and compliance. Plea bargaining legal definition of plea bargaining. Plea bargaining and the criminal justice system in nigeria. Presentation of the plea bargain manual lagos ags remarks. In the past, eminent jurists, including kayode eso, jsc late and the former chief justice of nigeria, dahiru musdapher have criticized the resort to. 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. Aug 10, 2019 plea bargain is a suitable model to the peculiar situation of nigeria. The position of nba and nhrc that his claim did not fairly reflect the state of the law in nigeria was sound. 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.
Oct 14, 2017 unfortunately, these ideals are constantly at risk in nigerias criminal justice system, especially in the prosecution of corrupt crimes where convictions have largely been plea bargained. The abuse of plea bargain in nigeria sahara reporters. May 06, 2018 a nigerian newspaper and online version of the vanguard, a daily publication in nigeria covering nigeria news, niger delta, general national news, politics, business, energy, sports, entertainment. Plea bargaining history in nigeria the history of plea bargain in nigeria started when the country decided to borrow this legal tool. However, in nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. Feb 06, 20 the term plea bargain has become one of the most popular in nigerias legal circles in recent times, thanks to the increase in the rate of corruptionbased offences. D lecturer faculty of law, anambra state university igbariam. Almost a decade since the first case of plea bargaining received publicity in nigeria, there is still uncertainty about the nature and impact of this system on criminal justice administration.
Plea bargaining is allowed in case where the maximum punishment is imprisonment for 7 years. Download administration of criminal justice law of lagos. The abuse of plea bargain in nigeria a plea bargain is an agreement between the prosecutor and the accused person in a criminal trial. Mar 27, 2012 in discussing the legality of plea bargain in the nigerian criminal justice system, it is important to examine the following lines of thought. This leads to an analysis of the long standing polemics on legality, suitability, and the advantages and disadvantages of plea bargaining in nigeria, through which some of the distinctive characteristics of the nigerian plea bargaining system was examined in ways not previously done. Has the concept of plea bargaining been abused in nigerias. 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. It explains that nigeria does not need the notion of plea bargaining at this particular stage of the campaign against corruption as there is the need to attain some level of acceptable cleansing before plea bargaining can be a. This study focused on the incidence and the prosecution of corruption in the nigerian society with specific emphasis on plea bargaining which has been applied to prosecute some politicians politically exposed persons and other people in the upper echelons of the nigerian society, and that is gradually becoming widespread in criminal prosecution in nigeria. Practice and procedure of plea bargain under acj act punch. In fact, this concept is a norm in the united state of america as stated above whereby 75% of the criminal cases get decided on plea bargaining. Plea bargaining and the administration of criminal justice. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant.
Furthermore, the acceptability of plea bargaining among the citizens, scholars, legal practitioners, and judges is revealed by weighing the merits and demerits of the concept in actual practice. A preliminary study of how plea bargaining decisions by prosecution and defense attorneys are affected by eyewitness factors march 5, 2012. Plea bargaining and the administration of criminal justice in nigeria. Restorative justice has been introduced into the nigerian criminal justice system by the enactment of the administration of criminal justice act, 2015. The concept of plea bargain is a new phenomenon in the nigerian legal system. Should judiciary continue to allow plea bargain in. 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. Agreements may be entered into before, during, or after the presentation of the prosecutions evidence. Dashs assertions about plea bargaining were not quite so broad as those of the other sources, but he did seem to confuse plea bargaining with simple jury nullification and, remarkably, to rely on descriptions of nineteenthcentury practices to support his assertions. Gabriel okafor a senior advocate of nigeria plea bargain is a negotiated agreement between a prosecutor and a criminal defendant where the defendant pleads guilty to a smaller offence or to one. Then it will discuss extensively on its application in nigeria and conclude on whether or not plea bargaining has been abused in nigerias criminal justice system. Plea bargaining in nigerias criminal justice system has generated a lot of debate on its applicability and acceptability in the countrys judicial system. Please we absolutely need an answer from our judiciary where the plea bargaining exist in the constitution of nigeria.
The current legal framework on plea bargain in nigeria by. Charge bargaining accused pleads guilty to the charge or part of charge or to a lesser offence and agreed to forfeit properties to the state. Lagos unveils plea, sentence bargaining manual the guardian. A nigerian newspaper and online version of the vanguard, a daily publication in nigeria covering nigeria news, niger delta, general national news, politics, business, energy, sports, entertainment. Nigeria ports authority and five of his board members and a number of plea bargain deals in which tafa. If an eligible accused admits his guilt voluntarily, the court may release him on probation or award lesser punishment than prescribed. It is simply a negotiated agreement between a prosecutor and a defendant commonly referred to as an accused in a larger part of nigeria except. Alschuler, implementing the criminal defendants right to trial. Globalisation of plea bargaining and its emergence in nigeria. 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. While the administration of criminal justice law acjl 2007 of lagos state is the only place where plea bargain is clearly stated.
The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria because of its tendency to deepen and extenuate. While plea bargaining is a new trend in nigeria, the practice is considered a common phenomenon in the u. The argument that extant statutes provide for plea bargaining. 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. The application of plea bargaining and restorative justice. The global practice of plea bargaining and the nigerian legal plea bargaining is now a global feature in the administration of criminal justice the legal system, nigeria, nigerian legal system, efcc, administration of criminal justice law of lagos state 2007, prosecution. There are very old criminal statutes in nigeria that describe the concept of pleabargaining and provide for it without expressly using the phrase plea bargaining. This report examines laws and practices related to plea bargaining in six. Plea bargaining, in law, the practice of negotiating an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or in the case of multiple offenses to one or more of the offenses charged in exchange for more lenient sentencing, recommendations, a specific sentence, or a dismissal of other charges. The blacks law dictionary 9 th edition defines plea bargain as a negotiated agreement between a prosecution and a criminal defendant whereby the defendant pleads guilty to a lesser offence or to one of multiple charges in exchange for some concession, usually a more lenient sentence or a dismissal of the other charges it is a negotiation between the prosecution and the accused. Plea bargain is a suitable model to the peculiar situation of nigeria. D senior lecturer, faculty of law, nnamdi azikiwe university, awka. 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.
After defining it, it will give a brief introduction as to the history and nature of plea bargaining. Then it will discuss extensively on its application in nigeria and conclude on whether or not plea bargaining has been abused in nigeria s criminal justice system. Nigerian constitution and plea bargaining u12mmude news. This paper is going to start by first defining what plea bargaining is. Plea bargainingjustice off the record, 9 washburn l. S legal system and it can be argued that the american criminal. Plea bargaining and the administration of criminal justice in. The history of the application of plea bargaining in nigeria started with the. Plea bargaining though relatively novel to nigerian criminal justice system is already being practiced in other countries across the globe for a long period of time. Reviews rauxlohs book makes a contribution to the larger literature on plea bargaining in that it provides a comparative view of this practice. Plea bargaining in national and international law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law. Jun 23, 2011 the abuse of plea bargain in nigeria one of the most common and controversial recent practices in the criminal justice process is plea bargaining. You can plea bargain in nigeria by adedunmade onibokun.
Plea bargaining, plea, criminal justice, nigeria, acja, acjl. Amaka, a critical appr aisal of the concept of plea bargaining in criminal justice delivery in nigeria 2015 34 global journal o f politics and law research 31. Even decades later, a nigerian born american lawyer, kayode oladele, in his online article titled, plea bargaining and the criminal justice system in nigeria, states that. Jul 06, 2014 this paper is going to start by first defining what plea bargaining is. S legal system and it can be argued that the american criminal justice system would simply.
Has the concept of plea bargaining been abused in nigeria. 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. The current legal framework on plea bargain in nigeria by bisola. On the practice perspectives of plea bargaining in nigeria, 7th may, 20. Introduction the concept and use of plea bargain in nigeria has caused much furore in recent years. 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. Plea bargain under the administration of criminal justice. 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. An appraisal of the application of plea bargaining procedure. Democracy, plea bargaining and the politics of anti.
A blessing or curse to nigerias criminal justice system by francis famoroti published. Oct 11, 2010 plea bargaining and the criminal justice system in nigeria on october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc, mrs. If applied correctly and not randomly, it would permit a quick resolution with all the benefits that result from final disposition to avoid delays. Now, with the enactment of the administration of criminal justice act in 2015, it goes without saying that the position of the learned jurists with due respect might no longer hold wateron the existence of plea bargain under the administration of criminal justice in nigeria. In nigeria, the issue of collective bargaining was provided for under the labour act cap 198 laws of the federation 1990. Pdf the use of plea bargain in nigerian criminal law. The concept of plea bargain is said to be in section 142, which is what the economic and financial crimes commission efcc plead. Sep 26, 2017 as part of its efforts to fasten criminal justice administration and decongest prisons in the state, lagos state government has unveiled manual for plea and sentence bargaining. The paper concludes that the country cannot wage any serious war against corruption with plea bargaining in force. The subtle incursion of plea bargaining into nigerias criminal justice system during the trial of some influential personalities in the law courts in recent times has. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
Should plea bargaining be abolished or encouraged in nigeria. S legal system and it can be argued that the american criminal justice system would simply cease to function without plea bargaining. Sentence bargain acused may be toldin advance what his sentence would be if he pleads guilty to the. Practice and procedure of plea bargain under acj act.
I commend the use of plea bargain to all and sundry. Plea bargaining and the criminal justice s ystem in nigeria. The insurgence of plea bargaining in our criminal justice system will be considered and. 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. 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. Jun 12, 2016 to the extent the court and the prosecutors plea bargain for serious offences which are absolutely detrimental to corruption free society or nation like nigeria. Read below, full text of the lagos attorneygeneral and commissioner for justice, mr. Unfortunately, these ideals are constantly at risk in nigerias criminal justice system, especially in the prosecution of corrupt crimes where convictions have largely been plea bargained. Plea bargain in nigeria still controversial theniche. 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. The concept of plea bargain as a veritable tool for. The controversy trailing the concept of pleabargain in the nations criminal justice system is not likely to end soon. The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.
This development creates a shift from the aim of criminal law being punishment in economic and. The legal framework of plea bargaining in nigeria at both the federal and state level shows the inadequacies of plea. Monday, 9 feb 2009 it is no exaggeration that the subtle incursion of plea bargaining into nigerias criminal justice system during the trial of some influential personalities in the law courts, in recent times has. Those who are kicking against it claim that it is unknown to our legal system. Plea bargaining is now a global feature in the administration of criminal justice the legal system, nigeria, nigerian legal system, efcc, administration of criminal justice law of lagos state 2007, prosecution the global practice of plea bargaining and the nigerian legal system.
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