Reconceptualising plea bargain as a prosecutory tool in Nigeria
Abstract:Plea bargaining is relatively a new concept in Nigeria's criminal justice system. This legal strategy is designed for use by prosecutors to negotiate deals with defendants, where the defendant or accused agrees to plead guilty to a lesser charge or one among multiple charges in return for substantial concessions from the prosecution—usually a lighter sentence or even a case dismissal. However, the trend has since changed and its been put to much more pervasive use. The present use, notwithstanding, one may argue that the Economic and Financial Crimes Commission (EFCC) and other Nigerian law enforcement agencies tend to be overzealous in their conduct of plea bargains concerning suspects arrested and items seized, recovered or placed under custody. The doctrinal research method is adopted analysing the pertinent laws. The paper posits that there are some disadvantages that can be deduced from the practice of plea bargain in Nigeria. The paper further lends a voice for the establishment of guidelines and procedures detailed steps, proper procedures or legal framework should be created to guide the sale of properties recovered or seized during plea bargain. This paper advocates for the extension of plea bargaining to all types of criminal charges to enhance the efficiency and fairness of Nigeria's criminal justice system.
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