S legal system and it can be argued that the american criminal justice system would simply cease to function without plea bargaining. In other words, plea bargaining means the accuseds plea of guilty has been bargained for, and some consideration has been received for it. Plea bargaining and the criminal justice system in nigeria. The international network to promote rule of law inprol recently released a research memorandum on plea bargaining in postconflict countries. Plea bargains are subject to the approval of the court, and. This paper interrogated the pros and cons of the application of plea bargain by the economic and financial crimes. The principle and nature of law of contract in nigeria. 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. Later, i will discuss how it crept into nigerian criminal jurisprudence and whether it should be allowed to continue. According to the ifa corpus above, for a man to be complete, he has to combine. 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. 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. Should plea bargaining be abolished or encouraged in nigeria. Failure to communicate such offers to the defendant may be the basis for appeal only if the defendant can demonstrate a reasonable probability that those offers would have been accepted and that the plea would have been entered without the prosecutions canceling it.
Has the concept of plea bargaining been abused in nigerian criminal justice system. Plea bargaining benefits of plea bargaining britannica. 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. The concept of plea bargain is said to be in section 142, which is what the economic and financial crimes commission efcc plead. On october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc, mrs. It benefits both the state and the accused under the scheme of plea bargaining. Some comparative analysis is carried out in relation to the use of plea bargaining under the.
The criminal lawamendment act, 2005, which amended the code of criminal procedure introduced plea bargaining in india. By so doing, an accused or a defendant is made to plead to a lesser charge, which then invariably attracts a lighter sentence. News about plea bargaining, including commentary and archival articles published in the new york times. Ekpo nta, should plea bargaining apply to all offences in nigeria being a discussion paper. 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 a novel. Plea bargaining is prevalent for practical reasons. If an eligible accused admits his guilt voluntarily, the court may release him on probation or award lesser punishment than prescribed. 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. Last november, the chief justice of nigeria, the honourable justice dahiru musdapher, lent his voice to the criticism of the plea bargain practice at the fifth annual general conference of the section on legal practice of the nigerian bar association nba, held in abuja in november 2011, and said of it. In this laissezfaire bargaining system, defense law.
The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. Issues and controversies surrounding the use of plea. Ola olukoyede esq, plea bargaining in the new administration of criminal justice act 2015, being a paper delivered to the anti corruption on the occasion of the nigerian bar association anticorruption commission seminar on the fight against corruption in nigeria. However, the concept plea bargaining has generated a lot of arguments amongst members of the bench, bar, law enforcements agencies, the academic community and the public at large in nigeria and it is this event of argument at various levels that generated the interest of the researcher to delve into this controversial area of study so as. 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. Defendants who take a plea bargain eliminate the uncertainty that a trial may bring. Since 1791, the case law on plea bargaining has set the precedent for acceptable standards, although the courts have not been completely definitive in their acceptance. They have also been increasing in frequencythey rose from 84% of federal cases in 1984 to 94% by 2001. 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. This document is a research report submitted to the u. Fairness and the willingness to accept plea bargain offers. 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. The abuse of plea bargain in nigeria a plea bargain is an agreement between the prosecutor and the accused person in a criminal trial.
Pdf has the concept of plea bargaining been abused in. Cecilia ibru was sentience to eighteen months imprison by the federal high court lagos, nigeria for committing various economic and financial crimes. A critical appraisal of the concept of plea bargaining in 31 issn 20536321print, issn 20536593online criminal justice delivery in nigeria ted. Plea bargaining in the united states is very common. Plea bargaining and international criminal justice mcgeorge. Nigerian constitution and plea bargaining u12mmude news. D senior lecturer, faculty of law, nnamdi azikiwe university, awka.
Plea bargaining and the administration of criminal justice. The essential conception and the imperative of the discharge of the burden of proof. However, in nigeria, the public sector pays lipservice to the collective. Ebscohost serves thousands of libraries with premium essays, articles and other content including the impact of plea bargaining on the judicial process. To reduce the delay in disposing criminal cases, the 154th report of the law commission first recommended the introduction of plea bargaining as an alternative method to deal with huge arrears of criminal cases. 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 primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial. 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. It is the wish of our creator that we should live in abundance and not in abject poverty. Plea bargaining is a procedure within a criminal justice system whereby prosecutors and defendants negotiate a plea and dispose of a case before trial. Plea bargaining is a significant part of the criminal justice system in the united states. A challenge to nigerias new criminal procedure laws. 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.
S legal system and it can be argued that the american criminal justice system would simply. But aside this, the legality of plea bargain in nigeria has been questioned by many informed opinions including no less a person than former. Santhy introduction it is appropriate to begin this paper with the famous quote of indian jurist and leading lawyer nani palkhivala. 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. 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. Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules.
It is understood to serve the interest of judicial economy, although it is often pursued to secure the cooperation of defendants. Plea bargaining plea bargaining benefits of plea bargaining. Many criminal cases are resolved out of court by having both sides come to an agreement. The history of the application of plea bargaining in nigeria started with the. Plea bargaining in nigerias criminal justice system has generated a lot of debate on its applicability and acceptability in the countrys judicial system. Request pdf fairness and the willingness to accept plea bargain. Plea bargaining and the administration of criminal justice in nigeria.
This document comprises proceedings in the original languages of a roundtable on plea bargainingsettlement of cartel cases, held by the competition committee in october 2006. The plea bargain practise in nigeria to be or not to be. Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals. The concept of plea bargain is a new phenomenon in the nigerian legal system. Here are some additional advantages and disadvantages of plea bargaining to take a look at today. Combating corruption in nigeria and the constitutional issues arising.
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. Courts are rarely involved, leaving prosecutors unconstrained by judges or juries. A number of other countries, such as india and nigeria, have recently included the use of plea. D lecturer faculty of law, anambra state university igbariam.
In most jurisdictions it resolves most of the criminal cases filed. This is why one of the scriptural books had declared thus. As a peacemaker the lawyer has superior opportunity of being a good man. Oct 06, 2008 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. A preliminary study of how plea bargaining decisions by prosecution and defense attorneys are affected by eyewitness factors march 5, 2012. The plea bargain principle no doubt is becoming one of the most useful means of quick disposal of criminal trials the world over. Basic matters plea bargaining refers to the negotiations between a prosecutor and a defense lawyer or defendant over the prosecutors charge or over the sentence which the prosecutor will recommend to the judge in return.
Its a very thorough report and it was hard to pick and choose which excerpts to highlight. Incompetent plea bargaining and extrajudicial reforms stephanos bibas. Plea bargaining and the criminal justice system in nigeria on october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc. The way forward, held at the congress hall, transcorp hilton hotel abuja on 24 june 2015, see more at. For many years, plea bargaining has been a gray market. The defendant could on the basis of a plea bargain plead guilty to a lesser charge in exchange for the prosecutors withdrawal of the more serious charges. 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. A new chapter xxia was enforced in the code from july 5, 2006. The impact of plea bargaining on the judicial process. This process is known as negotiating a plea or plea bargaining. The nigerian criminal justice system is set in motion the moment a crime is committed. Plea bargaining, decision theory, and equilibrium models.
The argument that extant statutes provide for plea bargaining. 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. 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. A panacea for economic and financial crimes in nigeria by afolasade a. Plea bargaining is now a global feature in the administration of criminal justice the world over. 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. In a perfunctory world of stringent specialism, such a novel effort to combine the miscellaneous is remarkable. Plea bargaining can conclude a criminal case without a trial. A blessing or curse to nigerias criminal justice system by francis famoroti published. Plea bargaining is allowed in case where the maximum punishment is imprisonment for 7 years. It sought to revisit case laws and statutes on the various commercial tr ansactions in nigeria. Introducing plea bargaining into postconflict countries. 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.
To be cited as ahmadu bello university law journal a. The origin of plea bargaining in nigeria could be traced to 2005 when it was first used by the economic and financial crime commission in the trial of the former inspectorgeneral of police, tafa balogun and later in the case of diepreye alamieyeseigha, the exgovernor of bayelsa state. 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. 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. The term used in the national registry of exonerations is guilty plea, so it is not possible to know. In writing the article secondary data drawn from books, case laws, statutes, unpublished material s and the internet were relied upon. It goes on to critically analyze chapter xxia of the code by raising certain issues of concern with. It is said that an average criminal case in america is disposed off through the use of plea bargaining. The practice of plea bargaining and its effect on the anti.
Introduction the criminal procedure second amendment bill seeks to amend the criminal procedure act 1977 by introducing sentence agreements into south african. Analyzing plea bargaining for corruption cases under the. 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. The concept of plea bargaining has now become a part of criminal jurisprudence. The legality of the use of plea bargain in the nigerian. Plea bargaining legal definition of plea bargaining. Please we absolutely need an answer from our judiciary where the plea bargaining exist in the constitution of nigeria. At every minute, a criminal case is disposed off in a us court based on guilty plea bargained or nolo contendere plea. Supreme court allows plea bargaining in drug cases. Plea bargaining and the administration of criminal justice in. Abrahim lincoln introduction the arrears of criminal courts awaiting trial are assuming menacing proportions. 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 term pleabargaining is a derivative of two words namely. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant.
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. The insurgence of plea bargaining in our criminal justice system will be considered and its effect on the anticorruption crusade. Jenia iontcheva turner, plea bargaining, in international criminal. Issues and controversies surrounding the use of plea bargaining in. While the administration of criminal justice law acjl 2007 of lagos state is the only place where plea bargain is clearly stated. Plea bargaining thus allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. The global practice of plea bargaining and the nigerian legal. In this article, i will first discuss the concept of plea bargaining as it is understood under american and california jurisprudence. 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. The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria because of its tendency to deepen and extenuate. Practice and procedure of plea bargain under acj act. Law commission of india considered the issue of introducing plea bargaining in criminal.
The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles. Plea bargaining describes the act of negotiating and concluding agreements in the criminal procedure. The application of plea bargaining and restorative justice. Plea bargain in nigeria still controversial theniche. The trend is of such a tsunamic force that nations whose legal systems hitherto does not recognize. While plea bargaining is a new trend in nigeria, the practice is considered a common phenomenon in the u. Its applicability in nigeria will certainly have positive impacts amidst the criticisms. Plea bargainingjustice off the record, 9 washburn l. Pdf the use of plea bargain in nigerian criminal law.
Plea bargain under the administration of criminal justice. Lagos unveils plea, sentence bargaining manual the guardian. In the process, i will also discuss the merits and demerits of plea bargaining. Chapter 5 plea bargaining in india discourage litigation, persuade your neighbours to compromise whenever you can. 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. It is through combining more traditional theoretical approaches such as. The abuse of plea bargain in nigeria sahara reporters. The subtle incursion of plea bargaining into nigerias criminal justice system. Issues and controversies surrounding the use of plea bargaining in international criminal tribunals by shivani pal a thesis submitted in partial fulfilment for the.
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