Muhonge godfrey v the independent electoral commission election petition no. This document is a research report submitted to the u. Usually the details of a plea bargain arent known publicly until announced in court. Comparative perspectives on plea bargaining in germany and the u. Restorative justice has been introduced into the nigerian criminal justice system by the enactment of the administration of criminal justice act, 2015.
Jun 23, 2011 the abuse of plea bargain in nigeria one of the most common and controversial recent practices in the criminal justice process is plea bargaining. A trial procedure that negates fundamental rights of the accused person 3 argued that the process of plea bargaining violates the following rights guaranteed under the us constitution and the 1999 constitution of nigeria which are, the presumption of innocence of the accused person until proven. In discussing the legality of plea bargain in the nigerian criminal justice system, it is important to examine the following lines of thought. Plea bargaining is a procedure within a criminal justice system whereby prosecutors and defendants negotiate a plea and dispose of a case before trial. Plea bargaining and the administration of criminal justice. Monday, 9 feb 2009 it is no exaggeration that the subtle incursion of plea bargaining into nigerias criminal justice system during the trial of some influential personalities in the law courts, in recent times has. In nigeria, plea bargaining is usually employed in the trial of financial crime cases by making it part of the negotiation for the accused person to surrender some. Judging by this standard, plea bargaining certainly worked, and quickly. This theory is a metaphor for the empirical connection between legal laxity and promotion of corruption, which plea bargain signifies in nigeria. He emphasized that infact, government being the major employer of organized labour has impacted negatively on the practice of collective bargaining in the private sector through its employment practices and actions. Easterbrook, plea bargaining as compromise, 101 yale l. Practice and procedure of plea bargain under acj act.
Supporters defend it on the grounds that it expedites cases, reduces processing costs, and helps authorities obtain cooperation from defendants. Collective bargaining and conflict resolution in nigerias. Nigeria s protracted sojourn under military dictatorship has no doubt done its bit to lessen the esteem, with which the dignity of the person and his property are held by law enforcement agencies generally. There are very limited nigerian authorities on the applicability of plea bargain in nigeria even though the cases in which the concept has been explored continues to be on the rise. Later, i will discuss how it crept into nigerian criminal jurisprudence and whether it should be allowed to continue. Plea bargaining at international tribunals and the concept of legal imperialism 208 5. The controversy trailing the concept of plea bargain in the nations criminal justice system is not likely to end soon. Some comparative analysis is carried out in relation to the use of plea bargaining under the. Supreme court allows plea bargaining in drug cases. The use of plea bargain in nigerian criminal law chinwe a. It gives a brief analysis of the position in other jurisdiction and particularly in the nigeria criminal justice system. It sought to revisit case laws and statutes on the various commercial tr ansactions in nigeria. The history of the application of plea bargaining in nigeria started with the.
Plea bargaining is a significant part of the criminal justice system in the united states. D lecturer faculty of law, anambra state university igbariam. Lagos unveils plea, sentence bargaining manual the guardian. Plea bargaining and the criminal justice system in nigeria2. Plea bargain is a suitable model to the peculiar situation of nigeria. Among the positive effects of this ruling is the declogging of court dockets and the cooperation of smalltime users or. Issues and controversies surrounding the use of plea. A blessing or curse to nigerias criminal justice system by francis famoroti published. Issues and controversies surrounding the use of plea bargaining in international criminal tribunals by.
In the process, i will also discuss the merits and demerits of plea bargaining. Comparative perspectives on plea bargaining in germany and. The insurgence of plea bargaining in our criminal justice system will be considered and its effect on the anticorruption crusade. The defence is limited to the testimony of their client, any witnesses that may support their case and the disclosure of documents by the defendant. Plea bargaining is essentially a private process, but this is changing now that victims rights groups are becoming recognized. Mordi and others published the use of plea bargain in nigerian criminal law find, read and cite all the research you need on researchgate. The abuse of plea bargain in nigeria sahara reporters. Plea bargaining dominates the criminal process in the united states today, yet it remains highly controversial. Adeniji kazeems remarks at the presentation of the plea bargain manual held on thursday, 21st of september, 2017 at the conference room, ministry of justice, alausaikeja. Many plea bargains are subject to the approval of the court, but some may not be e. However the application is growing in practice since it has been empoloyed by the efcc in corruption cases s.
Apr 01, 2009 an initial study of the use of simplified procedure in china elizabeth m. The first months following the passing of the original amendment introducing plea bargaining in february 2004 were marked by a series of high profile plea bargains with former government officials and other influential figures accused of corruption. A trial procedure that negates fundamental rights of the accused person3 argued that the process of plea bargaining violates the following rights guaranteed under the us constitution and the 1999 constitution of nigeria which are, the presumption of innocence. Plea bargaining and the administration of criminal justice in nigeria. Plea bargaining is a system of resolving criminal cases through the achievement of an agreement between the prosecutor and defence regarding the guilty plea to some charges in exchange for the dropping of the other charges or a lower penalty depending upon the legal jurisdiction.
In coming to this decision, the court condemned the use of plea bargaining without any regulatory framework in place. Plea and charge bargaining office of justice programs. Those who are kicking against it claim that it is unknown to our legal system. However, in nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. B by involving the court in plea bargaining process, the courts impartiality is impugned. Asia law institute study examines plea bargaining in the chinese criminal justice system, and explores whether it conserves judicial resources at the expense of justice for defendants. Some of the major drawbacks of the concept of plea bargaining as is recognized in india are as under. Mordi nigerian law school, augustine nnamani campus, enugu, nigeria abstract while previously unknown in the nigerian criminal system, plea bargain has come to stay with the establishment of the economic and financial crimes. Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest nolo contendere in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense as criminal courts become ever. Igbinedion supra, the court of appeal declined to hold that a plea bargaining arrangement made in 2008 barred the federal government from filing a similar charge against chief igbinedion, former governor of edo state, in future.
A plea bargain allows both parties to avoid a lengthy criminal trial and may allow the accused to avoid the risk of conviction at trial on a more serious charge. Plea bargaining at present other countries 50 plea bargaining in international law 53. Ebscohost serves thousands of libraries with premium essays, articles and other content including the impact of plea bargaining on the judicial process. It is understood to serve the interest of judicial economy, although it is often pursued to secure the cooperation of defendants. D senior lecturer, faculty of law, nnamdi azikiwe university, awka. The plea bargain principle no doubt is becoming one of the most useful means of quick disposal of criminal trials the world over. The essential conception and the imperative of the discharge of the burden of proof. It is no exaggeration that the subtle incursion of plea bargaining into nigerias criminal justice system during the trial of some influential. The application of plea bargaining and restorative justice. What is collective bargaining joshoyin 2007 define collective bargaining as a machinery for discussion and negotiation whether formal or informal, between employers and workers, representatives, aimed at reaching mutual agreement or understanding on the employers and the worker, according to glueck 1982 collective. Thus, on the basis of a plea bargain, the prosecutor could decide to withhold.
A critical appraisal of the concept of plea bargaining in 31 issn 20536321print, issn 20536593online criminal justice delivery in nigeria ted. Plea bargaining in india the doctrine of nolo contendere or plea bargaining has been introduced by criminal law amendment act, 2005. The advantages and disadvantages of plea bargaining may get criminals off the streets, but it could also put innocent people into prison. Turner plea bargaining dominates the criminal process in the united states today, yet it remains highly controversial. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. While plea bargain has been practised with ease in the united states, its applicability in nigeria cannot be hitch free. Here are some additional advantages and disadvantages of plea bargaining to take a look at today. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in the criminal justice system. Feb 06, 20 the term plea bargain has become one of the most popular in nigerias legal circles in recent times, thanks to the increase in the rate of corruptionbased offences. The legality of the use of plea bargain in the nigerian. In this article, i will first discuss the concept of plea bargaining as it is understood under american and california jurisprudence. The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in nigeria because of its tendency to deepen and extenuate.
In plea bargaining, a defendant is faced with a charge at arraignment. A involving the police in plea bargaining process would invite coercion. The main purpose of administration of criminal justice act acja 2015 is to improve the. Some may argue that a guilty plea and a guaranteed sentence is not the same as being found guilty and having an accurate sentence imposed. Should plea bargaining be abolished or encouraged in nigeria. The article credited with first presenting this theory of civil settlement is robert h. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in.
Also, research plea bargaining law, criminal procedure, and practice in countries that utilize plea bargaining more expansively, e. The criminal justice system in nigeria commences with the commission of a crime and continues with subsequent interventions by the law enforcement agencies of the system that has the power to arrest, arraignment, trial, sentencing and punishment of the offender. Sep 26, 2017 as part of its efforts to fasten criminal justice administration and decongest prisons in the state, lagos state government has unveiled manual for plea and sentence bargaining. Defence lawyers have limited resources which normally results in any plea bargain being, rubber stamped or rejected. Plea bargaining and the criminal justice system in nigeria on october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc, mrs. The impact of plea bargaining on the judicial process. Read below, full text of the lagos attorneygeneral and commissioner for justice, mr.
Defendants who take a plea bargain eliminate the uncertainty that a trial may bring. Abstract this paper explores the importance of the concept of plea bargaining to the criminal justice system. However, in nigeria, the public sector pays lipservice to the collective. Mar 27, 2012 in discussing the legality of plea bargain in the nigerian criminal justice system, it is important to examine the following lines of thought. Although plea bargain has become a global means of achieving results in prosecuting criminal offences, most countries including nigeria have refused to codify it or create a legal frame work for. Its applicability in nigeria will certainly have positive impacts amidst the criticisms. Oct 11, 2010 plea bargaining and the criminal justice system in nigeria on october 8, 2010, the former chief executive officer of oceanic bank international nigeria plc, mrs. The articles examines the legality of the concept of plea bargaining in nigeria in the light of its application to some high profile cases in recent times. A new chapter xxi a on plea bargaining was introduced in the criminal procedure code, 1973. Typically this is the maximum charge or punishment that the defendant will be held to if he or she goes to trial.
Plea bargaining in montenegro and some comparative practices plea bargaining in montenegro legislation and practice 83 plea bargaining in serbia and croatia 94. The concept of plea bargaining in nigeria criminal law. Part four discusses the implications of the application of plea bargain on nigeria s anti corruption campaign while part five concludes the paper by way of recommendations on how to address the flaws. In writing the article secondary data drawn from books, case laws, statutes, unpublished material s and the internet were relied upon. The argument that extant statutes provide for plea bargaining. From the above, the principles of plea bargain which is synonymous with that of mediation can be summarized as follows.
The paper suggests that if nigeria desires to practise plea bargaining, she needs to enact into her. Cap f12, federal high court act, laws of federation of nigeria, 2004. Pdf the use of plea bargain in nigerian criminal law. Oct 06, 2008 this work will analyze the incidence the incidence of corruption in nigeria, the havoc it has caused on the society and the attempts made by government at curbing it. Such sentiments were contained in the 1993 royal report and the justice for all white paper, published in 2002 allafrica 2015. A preliminary study of how plea bargaining decisions by prosecution and defense attorneys are affected by eyewitness factors march 5, 2012. Nigeria in nigeria, plea bargaining has been employed in a. Under many victim rights statutes, victims have the right to have input into the plea bargaining process. The practice of plea bargaining and its effect on the anti. This paper interrogated the pros and cons of the application of plea bargain by the economic and financial crimes. A preliminary study of how plea bargaining decisions by. For some plea bargaining is an important and useful tool used to keep the wheels of justice moving in a timely fashion, but to others it is a slap on the wrist to offenders and a further. Presentation of the plea bargain manual lagos ags remarks. Plea bargaining and the criminal justice system in nigeria.
Plea bargaining and the administration of criminal justice in. Pdf on feb 8, 2017, samuel idhiarhi and others published plea bargain and guidelines for plea bargaining find, read and cite all the research you need on researchgate. This development creates a shift from the aim of criminal law being punishment in economic and. Perhaps the greatest concern is that, at least as currently practiced in the united states, plea bargaining can be so coercive as to lead some innocent people to plead guilty. It can be treated as an escape route for a prosecutor. Plea bargaining outside the shadow of trial pdf the thesis of this article by stephanos bibas is that scholars are wrong in viewing the shadow of trial as the overwhelming determinant of plea. Plea bargaining is a defining, if not the defining, feature of the federal criminal justice system brown and bunnell, 2006. The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles.
Nigeria, russia, and south africa have adopted some form of negotiated justice. At the same event, uwais, former cjn argued that the practice of plea bargain is not new in nigeria. The principle and nature of law of contract in nigeria. The nigerian criminal justice system recently enshrined the use of the plea bargain as a tool to ensure an efficient and swift justice delivery in. The ag has power to accept and consider plea bargain in the interest of justice. St untz, plea barg ain ing as contra ct, 101 y ale l. He argued that in nigeria, the use of plea bargaining was being bastardised because most of the suspects allowed to make the pleas were paying back a fraction of the money they had stolen. Writing in frye, the court acknowledged the central role of plea agreements in the criminal justice system, stating that plea bargaining. Introduction the criminal procedure second amendment bill seeks to amend the criminal procedure act 1977 by introducing sentence agreements into south african. A moral critique sule peter echewija department of philosophy, federal university lafia, nigeria abstract the idea of justice normatively reflects justitia in the roman worldview. The emergence of plea bargaining in the nigeria legal system.
The plea bargain practise in nigeria to be or not to be. The paper extrays the question as to whether the concept of plea bargaining in the united states is an appropriate model for nigeria and notes that owing to the. Jan 26, 2017 how then has it come to be, that the apparel of law enforcement in nigeria is all but synonymous with jungle justice. The current legal framework on plea bargain in nigeria by bisola. Dec 05, 20 a former federal prosecutor in the southern district of new york told human rights watch that in plea bargaining they would threaten to stack 924c counts.
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