PLEA BARGAIN IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: EVALUATING THE BENEFITS AND DRAWBACKS THEREOF

Abstract

The applicability of the doctrine of plea bargain in Nigeria’s criminal justice system has generated mixed reactions owing to the public evaluation of the benefits and drawbacks of plea bargain to the victim of the crime, the defendant, and the state. There are arguments that plea bargain is subject to abuse, thus becoming an incentive to offenders for the commission of more heinous crimes. On the other hand, advocates of the doctrine have argued in favour of its sustenance on grounds of speedy trial and public interest. There are also inconsistencies in the application of the doctrine which are manifest in the procedures and conditionalities for its application under the Administration of Criminal Justice Act 2015 (ACJA) and its equivalents in the states. This divergence has raised contradictions and, at times, negative public outcry against the courts for applying the doctrine in certain cases, thus necessitating calls for the abolition of the doctrine in Nigeria. This paper set out to evaluate the benefits and disadvantages of the application of plea bargain in Nigeria while also considering the conditionalities for its application under the ACJA. The doctrinal research methodology was adopted to examine legal doctrines relevant to the subject. The paper found that although there are benefits and justifications for the introduction of plea bargain in Nigeria, there are contending disadvantages to its application which are not insurmountable. It therefore recommended the need for further amendments to the ACJA in order to derive the best advantage of plea bargain in the administration of criminal justice in Nigeria.