EFFECTIVE APPLICATION OF PLEA BARGAINING IN NIGERIA: CHALLENGES AND WAY FORWARD

Abstract

Plea bargaining has emerged as an important instrument in the administration of criminal justice system in Nigeria. It aims at expediting criminal trials, reducing case backlogs and decongesting prisons. Through negotiated agreements, defendants in criminal trials may plead guilty to lesser charges in exchange for lighter sentences or other concessions, thereby saving time and resources. However, the effective application of plea bargaining in Nigeria faces numerous challenges such as corruption, inadequate legal frameworks, among others. It is against this backdrop that this paper seeks to examine the challenges of plea bargaining in the administration of criminal justice in Nigeria. The paper revealed that the absence of clear guidelines for plea agreements and inadequate victim involvement affect the credibility of plea bargains. The paper further reviewed the provisions of the Administration of Criminal Justice Act (ACJA) 2015, which seek to regulate plea bargaining for insufficient safeguards to prevent abuse. The research recommended among others that the need for a specialized unit for plea bargains among the prosecutorial agencies, enhanced judicial oversight, the formulation of standardized plea guidelines, strengthening victim participation and imposing stricter penalties for abuse of the process are fundamental towards ensuring plea bargaining promotes efficiency, transparency and restorative justice.

Keywords: Plea bargaining, Criminal Justice System, Negotiated Agreement, Prosecutorial Misconduct and Victim participation