AN APPRAISAL OF THE APPLICATION OF PLEA BARGAINING PROCEDURE IN NIGERIAN CRIMINAL JUSTICE SYSTEM

AN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW
August 25, 2017
AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA
August 25, 2017
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ABSTRACT


This project titled”An Appraisal of the Application of Plea Bargaining Procedure in
Nigerian Criminal Justice 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

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