EXAMINATION OF THE CONCEPT OF PLEA BARGAINING IN CRIMINAL PROCEEDINGS IN NIGERIA

Abstract

This study examined the concept of plea bargaining in criminal proceedings in Nigeria. A plea bargain is a legal agreement between a defendant and the prosecution in a criminal proceeding wherein the defendant pleads guilty to a lesser charge in exchange for a lenient sentence. This practice has been in force in Nigeria for a while before the Administration of Criminal Justice Act 2015. Plea bargaining has helped reduce the costs and time spent in prosecuting criminal cases in court. However, it has also been the subject of much displeasure among laymen and the educated alike as it is most often viewed as a machinery for aiding and abetting the ‘crimes’ of corrupt members of the society wherein they plead to a lesser offence and are easily let off the hook. This study therefore seeks to address this gap where plea bargaining has become a subject of displeasure among members of the society. Some of the findings in study is that plea bargaining is an instrument of dispensing justice and ensuring that the cost of litigation and time spent on litigation is reduced. Secondly, that the concept of plea bargain is one that should be encouraged although certain modifications be put in place to avoid it being a tool that corrupt individuals use as a cover to get light sentences. This study recommended that there should be proper training and retraining for critical stakeholders in the criminal justice sector such as judges, prosecutors, lawyers, amongst others to enable them appreciate the nature and scope of plea bargain proceedings thereby advancing the course of justice, another recommendation is that the existing legal framework that provide for plea bargain should be reviewed when necessary to meet up with changing times. Furthermore, there should be a more precise template in the application of plea bargain in the justice system and its usage to avoid it being perceived as selective by members of the public. This study used doctrinal method of legal research.