The impact of plea bargaining on the judicial process. Plea bargaining is prevalent for practical reasons. Incompetent plea bargaining and extrajudicial reforms stephanos bibas. Jenia iontcheva turner, plea bargaining, in international criminal. Defendants who take a plea bargain eliminate the uncertainty that a trial may bring. In this article, i will first discuss the concept of plea bargaining as it is understood under american and california jurisprudence. Issues and controversies surrounding the use of plea bargaining in. The trend is of such a tsunamic force that nations whose legal systems hitherto does not recognize. It is published under the responsibility of the secretary general of the oecd to bring information on this topic to the attention of a wider audience. While plea bargaining is a new trend in nigeria, the practice is considered a common phenomenon in the u.
A blessing or curse to nigerias criminal justice system by francis famoroti published. It benefits both the state and the accused under the scheme of plea bargaining. 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. 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 bargain is said to be in section 142, which is what the economic and financial crimes commission efcc plead. Plea bargainingjustice off the record, 9 washburn l. Abrahim lincoln introduction the arrears of criminal courts awaiting trial are assuming menacing proportions. 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. A number of other countries, such as india and nigeria, have recently included the use of plea. At every minute, a criminal case is disposed off in a us court based on guilty plea bargained or nolo contendere plea.
In most jurisdictions it resolves most of the criminal cases filed. Usually the prosecutor and the accused agree that the accused will plead guilty to the charge brought against him in exchange for some concession from the prosecution. Request pdf fairness and the willingness to accept plea bargain. 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. 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. One of the most phenomenal developments in nigerias criminal justice system was the recent. The plea bargain principle no doubt is becoming one of the most useful means of quick disposal of criminal trials the world over. The legality of the use of plea bargain in the nigerian. Many criminal cases are resolved out of court by having both sides come to an agreement.
Plea bargains are subject to the approval of the court, and. 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. It is the wish of our creator that we should live in abundance and not in abject poverty. 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. Introducing plea bargaining into postconflict countries. 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. Plea bargain in nigeria still controversial theniche. A preliminary study of how plea bargaining decisions by prosecution and defense attorneys are affected by eyewitness factors march 5, 2012. 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 subtle incursion of plea bargaining into nigerias criminal justice system. 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. A panacea for economic and financial crimes in nigeria by afolasade a.
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. The insurgence of plea bargaining in our criminal justice system will be considered and its effect on the anticorruption crusade. Ebscohost serves thousands of libraries with premium essays, articles and other content including the impact of plea bargaining on the judicial process. 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 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. It is understood to serve the interest of judicial economy, although it is often pursued to secure the cooperation of defendants.
On october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc, mrs. Plea bargaining can conclude a criminal case without a trial. Plea bargaining legal definition of plea bargaining. They have also been increasing in frequencythey rose from 84% of federal cases in 1984 to 94% by 2001. Analyzing plea bargaining for corruption cases under the. In this laissezfaire bargaining system, defense law. The abuse of plea bargain in nigeria a plea bargain is an agreement between the prosecutor and the accused person in a criminal trial. For many years, plea bargaining has been a gray market. 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. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant. According to the ifa corpus above, for a man to be complete, he has to combine.
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 and the administration of criminal justice in nigeria. Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. As a peacemaker the lawyer has superior opportunity of being a good man. A new chapter xxia was enforced in the code from july 5, 2006. The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial. Practice and procedure of plea bargain under acj act. The term used in the national registry of exonerations is guilty plea, so it is not possible to know. D senior lecturer, faculty of law, nnamdi azikiwe university, awka. This document is a research report submitted to the u. 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. The nigerian criminal justice system is set in motion the moment a crime is committed. Should plea bargaining be abolished or encouraged in nigeria.
Plea bargaining and international criminal justice mcgeorge. A challenge to nigerias new criminal procedure laws. Plea bargaining in the united states is very common. 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.
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. A critical appraisal of the concept of plea bargaining in 31 issn 20536321print, issn 20536593online criminal justice delivery in nigeria ted. 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. 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. Santhy introduction it is appropriate to begin this paper with the famous quote of indian jurist and leading lawyer nani palkhivala. The criminal lawamendment act, 2005, which amended the code of criminal procedure introduced plea bargaining in india. Fairness and the willingness to accept plea bargain offers. This process is known as negotiating a plea or plea bargaining. The principle and nature of law of contract in nigeria. Later, i will discuss how it crept into nigerian criminal jurisprudence and whether it should be allowed to continue. The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. The concept of plea bargaining has now become a part of criminal jurisprudence.
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. News about plea bargaining, including commentary and archival articles published in the new york times. 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. In the process, i will also discuss the merits and demerits of plea bargaining. 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. Pdf has the concept of plea bargaining been abused in. Globalisation of plea bargaining and its emergence in nigeria.
Plea bargaining in nigerias criminal justice system has generated a lot of debate on its applicability and acceptability in the countrys judicial system. Plea bargaining and the criminal justice system in nigeria. Plea bargaining thus allows the prosecutor to obtain guilty pleas in cases that might otherwise go to 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. 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. Plea bargain under the administration of criminal justice. In writing the article secondary data drawn from books, case laws, statutes, unpublished material s and the internet were relied upon.
Here are some additional advantages and disadvantages of plea bargaining to take a look at today. If an eligible accused admits his guilt voluntarily, the court may release him on probation or award lesser punishment than prescribed. Ekpo nta, should plea bargaining apply to all offences in nigeria being a discussion paper. 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. 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 global practice of plea bargaining and the nigerian legal. D lecturer faculty of law, anambra state university igbariam. 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. It is through combining more traditional theoretical approaches such as. Its applicability in nigeria will certainly have positive impacts amidst the criticisms. 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. It sought to revisit case laws and statutes on the various commercial tr ansactions in nigeria. The concept of plea bargain is a new phenomenon in the nigerian legal system. Chapter 5 plea bargaining in india discourage litigation, persuade your neighbours to compromise whenever you can.
Plea bargaining is now a global feature in the administration of criminal justice the world over. 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. 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. Its a very thorough report and it was hard to pick and choose which excerpts to highlight. It goes on to critically analyze chapter xxia of the code by raising certain issues of concern with.
While the administration of criminal justice law acjl 2007 of lagos state is the only place where plea bargain is clearly stated. Issues and controversies surrounding the use of plea bargaining in international criminal tribunals by shivani pal a thesis submitted in partial fulfilment for the. In a perfunctory world of stringent specialism, such a novel effort to combine the miscellaneous is remarkable. The practice of plea bargaining and its effect on the anti. The abuse of plea bargain in nigeria sahara reporters. Collective bargaining and conflict resolution in nigerias. The practice of plea bargaining and its effect on the anticorruption crusade in nigeria by yekini abubakri olakulehin introduction nigeria is a country with enormous natural resources. S legal system and it can be argued that the american criminal justice system would simply cease to function without plea bargaining.
The application of plea bargaining and restorative justice. The term pleabargaining is a derivative of two words namely. But aside this, the legality of plea bargain in nigeria has been questioned by many informed opinions including no less a person than former. 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.
Plea bargaining is allowed in case where the maximum punishment is imprisonment for 7 years. Pdf the use of plea bargain in nigerian criminal law. The essential conception and the imperative of the discharge of the burden of proof. Cecilia ibru was sentience to eighteen months imprison by the federal high court lagos, nigeria for committing various economic and financial crimes. Has the concept of plea bargaining been abused in nigerian criminal justice system. Plea bargaining describes the act of negotiating and concluding agreements in the criminal procedure. It is said that an average criminal case in america is disposed off through the use of plea bargaining. S legal system and it can be argued that the american criminal justice system would simply. 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 study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria because of its tendency to deepen and extenuate. No to plea bargain the guardian nigeria news nigeria. However, in nigeria, the public sector pays lipservice to the collective. Introduction the criminal procedure second amendment bill seeks to amend the criminal procedure act 1977 by introducing sentence agreements into south african.
The way forward, held at the congress hall, transcorp hilton hotel abuja on 24 june 2015, see more at. 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. Plea bargaining benefits of plea bargaining britannica. By so doing, an accused or a defendant is made to plead to a lesser charge, which then invariably attracts a lighter sentence. Plea bargaining and the administration of criminal justice. Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals.
Plea bargaining and the administration of criminal justice in. The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles. Issues and controversies surrounding the use of plea. In other words, plea bargaining means the accuseds plea of guilty has been bargained for, and some consideration has been received for it. Lagos unveils plea, sentence bargaining manual the guardian.
Plea bargaining is a creation of the american criminal justice system which has in recent years gained some endorsement 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. Plea bargaining plea bargaining benefits of plea bargaining. A preliminary study of how plea bargaining decisions by. Some comparative analysis is carried out in relation to the use of plea bargaining under the. Nigerian constitution and plea bargaining u12mmude news. Plea bargaining is a significant part of the criminal justice system in the united states. This paper interrogated the pros and cons of the application of plea bargain by the economic and financial crimes. Law commission of india considered the issue of introducing plea bargaining in criminal. 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 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. To be cited as ahmadu bello university law journal a. The plea bargain practise in nigeria to be or not to be. Courts are rarely involved, leaving prosecutors unconstrained by judges or juries. The international network to promote rule of law inprol recently released a research memorandum on plea bargaining in postconflict countries. The history of the application of plea bargaining in nigeria started with the. Combating corruption in nigeria and the constitutional issues arising. Chandrika air 2000 sc 164, the supreme court held that it is settled law that by. Please we absolutely need an answer from our judiciary where the plea bargaining exist in the constitution of nigeria. 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. Plea bargaining, decision theory, and equilibrium models. This is why one of the scriptural books had declared thus. The argument that extant statutes provide for plea bargaining. 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.
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