Novelties and Perplexities of Plea Bargain in Nigerian Criminal Justice: In Defence of Human Rights
Abstract:The enactment of the Administration of Criminal Justice Act, 2015 was welcome with great excitement, consequent upon the attendant reform in criminal justice administration in Nigeria. One of the major innovations in the Act is the codification of plea bargain which, hitherto, was hinged on the scanty provisions of the Economic and Financial Crimes Commission (Establishment) Act, 2004. This paper examined the novelties and perplexities of plea bargain under the ACJA, and noted that making the victim of a crime a necessary party to plea bargain is a welcome development as justice is not just to the State or defendant, but to the victim as well. The paper identified some mitigating factors which facilitate plea bargain, such as cooperation of the defendant with the investigation and prosecution of the crime, and agreement by the defendant to return the proceeds of the crime or make restitution to the victim or his representative. In addition to the above, the paper identified perplexities of the practice of plea bargain under the ACJA, which includes the requirement of insufficiency of evidence as a condition precedent, failure of the Act to define ‘victim’ which is a major stakeholder in the bargaining process; its technical restriction to corruption cases; and lack of sentencing guidelines specifically designed to be applicable to plea bargain, among others. The paper recommended overhaul of plea bargain, with amendment of the ACJA to enable a defendant take full benefit of insufficiency of evidence by way of acquittal. It also recommended definition of ‘victim’ in the Act to define the scope of the term in order to avoid controversies as the practice advances. It finally recommended domestication of the ACJA by the States of the Federation since the ACJA has no national application. The paper concluded that plea bargain should be extended to all categories of offences, as its practice seems to be restricted to corruption cases. In this case, it would not be seen as an exclusive preserve of the rich, but a system available to all, without necessarily serving as an escape route for a particular class of individuals, thereby creating an atmosphere of ‘vaccination against punishment’.
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