ABSTRACT
This project titled”An Analysis of Plea Bargaining Procedure in Nigerian legal system” is aimed at ascertaining the applicability of the concept of plea bargain in the penal system being that it is a novel phenomenon in the general Criminal Justice System despite the fact it is holding sway in some developed criminal justice jurisdictions like the United States of America for example. The visible application of the concept into the Nigeria Criminal Justice System by the Economic and Financial Crimes Commission with the provision of S. 14(2) of the EFCC Act, 2004 which is to the effect that the commission may compound any offences punishable under the act by accepting such sums of money as it thinks fit exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence. It is against this backdrop that the objective of this research is built on analyzing the concept and practice, of plea bargain in Nigeria with a view to clearing the controversy surrounding its legality and by so doing an examination of the practice of the concept in other jurisdictions are mentioned. It is noteworthy to be mentioned that the penal code and the criminal code as applicable in the northern and southern Nigeria respectively do not cover the subject mater of plea bargain whatsoever. The objective of this research therefore, is to identify the mode of practice of plea bargaining in Nigeria and the inadequacies of the law regulating the subject mater accounting for the controversy and to finally proffer measure. Measure needed for the proactiveness of the law where necessary so as to meet up with the unchallenged practices in other jurisdictions. It is provoking intellectual debates for and against it being that there is no clear federal legislation on the subject matter other than the administration of Criminal Justice Law of Lagos state. It is against this backdrop that the objective of this research is built on analysing the concept and its practice in Nigeria with a view to clearing the controversy surrounding its legality in Nigeria. The writer also took time to look into the Practice if plea bargain in other jurisdictions. The writer also had a look into the penal code and the criminal code as applicable in the northern and southern Nigeria respectively to with a view to seeing if there are traces of plea bargain whatsoever. It is on this note that the research was concluded by recommending (among others) that there be a clear Federal Legislation on plea bargain that will apply to the Nigerian criminal justice following the example of Lagos state. The sources of information relied upon here are the combination of primary sources like statutes, case laws and secondary sources ranging from journals, workshop materials, internet materials, textbooks, contributions to edited books, to accomplish this work
CHAPTER ONE GENERAL INTRODUCTION
1.1 BACKGROUND TO THE RESEARCH
There are certain key decisions that people who are being prosecuted have to make: one of the most important decisions is to plead guilty. It is „plea bargain‟ when the accused pleads guilty in return for an offer by the prosecution or when the sitting judge has informally made it known that he will minimize the sentence if the accused pleads guilty with plea bargaining the process shifts the focus from the judge leaving the negotiation to prosecutor and the accused or the accused‟s counsel. Practically, it may prevent a public finding of the facts and substitute it with a behind-the scenes cut short. In this case a deal is usually made between the prosecutor and the accused, whereby the prosecution may offer to drop more serious charge(s) against the accused in exchange for guilty plea of a lesser charge(s) and the prosecution and the accused come to an agreement to solve the case.
At the resolve of the case both parties, the prosecutor and the accused tend to achieve one thing, saving of time and reduction of costs.
There is need to begin and conclude trials expeditiously, decongest the prisons, reduce the time and financial cost of criminal investigations and trials still maintain and observe fundamental human rights principle without much ado; laying credence to the above, the concept of plea bargaining apparently seems to be one of the procedures that would assist the Nigerian legal system to achieve these laudable objectives.
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 to make an attempt in ascertaining the proper position of the law.
These arguments today arose from the seemingly increasing use of plea bargaining by the Economic and Financial Crimes Commission of Nigeria (EFCC) which the enabling Economic and Financial Crimes Commission Act1 Controversially Supports.
Many people have argued in Nigeria that the practice of plea bargaining by the Economic and Financial Crimes Commission allows offenders to receive insignificant punishment that will undermine deterrent aspect of criminal sanctions. Some also believe that offenders can evade the law, provided they are willing to bargain. Equally, some have argued that the practice circumvent the rigorous standards of “proof beyond reasonable doubt” imposed on the prosecution during criminal trials. Some people also believe that the application of plea bargaining comprises the fundamental principles enshrined in the constitution of the Federal Republic of Nigeria 19992.
Against the above backdrops, therefore, the objectives of this research therefore is to identify the mode of practices of plea bargain in Nigeria and the inadequacies in the subject matter accounting for the controversy and to finally proffer measures needed for the pro activeness of the law where necessary so as to meet up with the unchallenged practice in other jurisdictions.
1.2 STATEMENT OF THE PROBLEM
The following problems are identified in the research:
i. The legal justification of section 14 (2) of the economic and Financial Crimes Act, Cap El, Laws of the Federation of Nigeria, 2004 which the economic and Financial Crimes commission (hereinafter referred to as the commission) uses as a framework for their use of plea bargaining in the prosecution of their landmark cases of corruption and financial crimes being that there is no express provision for a plea bargaining in any of the Federal Criminal Legislations in Nigeria.
1.3 AIM AND OBJECTIVES OF THE RESEARCH
This research aims at ascertaining the applicability of the concept of plea bargain in the penal system, through and examination of the legal and institutional frameworks on the subject matter in Nigeria. In view of this therefore, the objectives of this paper are as follows.
i. An examination of the practice and mode of plea bargain in Nigeria vis- à-vis the adequacy or otherwise the inadequacies of the laws regulating plea bargain in Nigeria.
ii. An examination of the factors militating against the practice of plea bargain in Nigeria
iii. Finally, to profer measures for addressing the problems identified in the course of the study so as to have a smooth operation of plea bargain in Nigeria like other jurisdictions.
1.4 SIGNIFICANCE OF THE RESEARCH
This research will be of immense help to students, academics, policy makers, the bench and particularly litigation lawyers to ascertain the proper law on the subject matter. It will also be of great importance to graft agencies in Nigeria particularly the economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practice and other Related Offences Commission (ICPC) and the general public by giving them certainty on the mode of application and practice of plea bargain as the relevant institution on the subject matter in Nigeria.
1.5 JUSTIFICATION FOR THE RESEARCH
Justification for this research is to make an attempt to put an end to the controversy surrounding the uncertain of the operation of plea bargain in Nigeria amongst the stakeholders ranging from the students, legal practitioner legal scholars, EFCC, ICPC and relevant stakeholders.
1.6 SCOPE OF THE RESEARCH
The area of coverage for this research as earlier stated is to appraise the legality of the practice of plea bargain in the criminal procedures in criminal cases in Nigeria. Though, the research will be majorly in the Nigerian context, but a
short reference may also be made to other jurisdictions where plea bargain holds sway.
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