PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA
DOI:
https://doi.org/10.15837/aijjs.v8i4.1613Abstract
Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.Â
References
ï€ Adebayo, O Nigeria Police Structure, Powers and Function in Nigeria. Essays in administrative Law in Nigeria (Ibadan, Pitman press Ltd, 2003;
ï€ Andrew, H Doing Justice: The Choice of Punishment (New York; Hill and Wing, 1979);
ï€ Alschuler, A ‘The Judicial Business of the United States Court’ annual Report of the Director of the Justice Department 2000;
ï€ Alamika, E, E, “Challenges and Prospect of Reform and Improved services in Nigeria Prisons†paper presented at the Stakeholder Workshop on Prison Reforms Organized by the Provincial office of the Catholic Health Justice Development and Peace Commission on April 22, 2005;
ï€ Alemika, E ‘Pre-Trial Detention of Prison Decongestion in Nigeria’ Vol. 3 University of Jos Law Journal (1986-1990);
ï€ Azinge, E ‘Conviction to Compromise: The Plea Bargain Option’ available @http;//www.nials.nigeria.org/round-table accessed 3/1/2014;
ï€ Cap IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on Fundamental Human Rights;
ï€ Doherty, O Criminal Procedure in Nigeria ( London; Blackstone Press Ltd, 1990);
ï€ Fisher, G ‘Plea Bargaining’s Triumph: A History of Plea bargaining in America’ (USA; Standford University Press, 2000);
ï€ Garner, B Blacks Law Dictionary (USA; West Point Publishers Ltd, 1997);
ï€ Lamer, L. L The Criminal Courts: Structures, personnel, and Processes (New York: McGraw-Hill, 1991);
ï€ Neubawer, D. W American Court and the Criminal Justice System 4th ed. (New York; Pacific Grove, 1992;
ï€ Ogunye, J The Imperative of Plea Bargaining (Lagos; Lawyers’ League for Human Rights, 2005);
ï€ Okonkwo and Naish Criminal Law in Nigeria (London; sweet & Maxwell, 1982);
ï€ Reunice, K. O ‘Corruption in Nigeria: An Appraisal’ Journal of Law Policy and Globalization Vol. 19 2013.available@http://www.iiste.org accessed 3/1/2014;
ï€ This Day Newspaper of Friday, August 20, 2004;
ï€ The Guardian Newspaper, Sunday, 26th October, 2003;
ï€ The Guardian Newspaper of Thursday February 19, 2004;
ï€ The Punch Newspaper Thursday February, 12th 2004;
ï€ The Punch Newspaper of Tuesday, August 12, 2003;
ï€ Weihofen, H “Retribution is Obsolence†National Probation and Parole Association News xxxix (1960);
ï€ Yakubu, A “Some Problems Associated with Law Enforcement in Nigeria†cited In Yakubu, A Administration of Justice in Nigeria: Essays in Honour of Ho. JusticeUwais (Lagos;malthouse Press Ltd, 2002)
