An Appraisal Of The Application Of Plea-bargaining Procedure In The Nigerian Criminal Justice System -By Oyetola Muyiwa Atoyebi & Akeleju Attah Anthony

INTRODUCTION

The use of Plea bargain in the Nigerian criminal justice system has been a topic of debate for many years. While some argue that it can be an effective tool for reducing the backlog of cases in the Courts and providing quicker resolutions to criminal cases, others express concern that it may be subject to abuse and can lead to injustice.

One of the benefits of plea bargaining is that it can lead to more efficient use of resources in the criminal justice system. By allowing defendants to plead guilty to lesser charges or receive reduced sentences in exchange for their cooperation with law enforcement, plea bargaining can save time and resources that would otherwise be spent on a full trial.

However, critics argue that plea bargain can be abused by prosecutors who may use the threat of a harsher sentence to coerce defendants into accepting a plea bargain. This can lead to innocent people pleading guilty to crimes they did not commit to avoid the risk of a longer sentence. Additionally, a plea bargain can lead to unequal treatment of defendants, as those who can afford to hire better lawyers may receive more lenient plea deals than those who cannot. A plea bargain can weaken the deterrent effect of criminal sanctions, as defendants may not fear the consequences of their actions if they believe they can negotiate a plea deal. This can result in a higher crime rate and a lack of justice for victims of crime.

This article seeks to elaborate on the application of plea bargain in Nigeria’s criminal justice system. The objective of this research, therefore, is to identify the mode of practice of plea bargain in Nigeria and the inadequacies of the law regulating the subject matter accounting for the controversy, and to finally proffer measures needed to meet up with the unchallenged practices in other jurisdictions.

GENERAL OVERVIEW

Plea bargain is a process whereby a defendant in a criminal case agrees to plead guilty to a lesser charge or to cooperate with the prosecution in exchange for a reduction in sentence or other benefits. The aim is to encourage defendants to accept responsibility for their actions and to reduce the burden on the criminal justice system by avoiding lengthy trials.

The use of plea bargain in the Nigerian criminal justice system is a relatively recent development. The practice was introduced in 2015 with the enactment of the Administration of Criminal Justice Act (ACJA), which allows for plea bargain in certain circumstances. The application of plea bargain in the Nigerian criminal justice system has been met with mixed reactions. On the one hand, proponents argue that it has the potential to reduce the backlog of cases in the Courts and expedite the administration of justice. It also has the potential to encourage defendants to plead guilty, which can lead to a quicker resolution of cases and a reduction in the number of cases going to trial. The Economic and Financial Crimes Commission Act[1]is the first federal enactment that introduced the concept of Plea bargaining into the Nigeria Criminal Justice System.

The historical rise and spread of plea bargain got to the Nigerian criminal justice system though with criticisms following suits. From all indications, plea bargain was never part of any Nigerian Law until 2004 when the Economic and Financial Crimes Commission was established. The Act36 establishing the Economic and Financial Rimes Commission by virtue of S. 14(2) is the first federal enactment to experiment with a form of plea bargaining. The section provides as thus:

Subject to the provision of S. 174 of the Constitution of the Federal Republic of Nigeria 1999, the commission may compound any offence 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 and been convicted of the offence.

This provision is the stronghold that the Economic and Financial Crimes Commission has held on to prosecute public office holders. From its establishment, the Commission is charged with the responsibility of enforcing the provision of:

1. The Money Laundering Act 2004
2. The Advance Fee Fraud and Other Related Offences Act, 1995
3. The Failed Banks (Recovering of Debts) and Financial Malpractices in Bank Act 1994

d. The Banks and Other Financial Institutions Act 1991

Additionally, a plea bargain undermines the principle of the presumption of innocence and the right to a fair trial. The process can be abused by prosecutors who may use coercion or intimidation to force defendants to accept plea deals, even when they may be innocent. Another concern is that plea bargaining may lead to inconsistencies in sentencing, with defendants who can negotiate better deals receiving lighter sentences than those who are unable to do so. This may also create an incentive for defendants to plead guilty even when they may have a strong defense, simply to avoid the risk of a harsher sentence if they go to trial.

There are concerns about the capacity of the Nigerian criminal justice system to effectively implement plea bargain. The process requires skilled prosecutors and judges who can assess the merits of plea deals and ensure that they are fair and just. There is also a need for effective oversight mechanisms to prevent abuse of the process.

Lastly, while plea bargaining has the potential to improve the efficiency of the Nigerian criminal justice system, there are also valid concerns about its potential to undermine the principles of fairness and justice. As such, it is important to ensure that any use of plea bargaining is carefully regulated and monitored to prevent abuse and to ensure that the rights of defendants are protected.

TYPES OF PLEA BARGAINING

Plea bargain in Nigeria is a legal process that allows a defendant to agree with the prosecution to plead guilty to a lesser offense or to receive a reduced sentence in exchange for cooperation or other considerations. There are two types of plea bargain in Nigeria, namely:

1. Charge Bargain: This type of plea bargain occurs when the prosecution agrees to drop some of the charges or reduce the severity of the charges in exchange for a guilty plea from the defendant. This type of plea bargaining is common in cases where the evidence against the defendant is strong, and the prosecution wants to secure a conviction without going through a lengthy trial.
2. Sentence Bargain: This type of plea bargain occurs when the defendant pleads guilty in exchange for a promise of a reduced sentence or a recommendation for a lesser punishment. In this type of plea bargain, the defendant admits guilt but negotiates a lighter punishment in exchange for sparing the time, expense, and uncertainty of a full trial. Sentence bargain is more common in cases where the evidence against the defendant is weak, or the prosecution wants to avoid the risk of losing at trial.

It is worth noting that plea bargaining is not widely used in Nigeria, and it is mostly applied in high-profile cases, such as corruption or financial crimes, where the Court system is overloaded, and trials can take years to conclude[2].

CHALLENGES OF PLEA BARGAINING IN NIGERIA

Plea bargaining is a process in which a defendant agrees to plead guilty to a criminal charge in exchange for a lesser sentence or a reduced charge. Plea bargaining can be a useful tool in the criminal justice system to reduce the burden on the Courts and to encourage defendants to accept responsibility for their actions. However, there are several challenges to implementing plea bargaining in Nigeria, including:

1. Limited legal framework: Although plea bargaining is recognized in Nigerian law, there is no specific legislation governing plea bargaining, which makes it difficult to standardize the process and ensure fairness and consistency.
2. Lack of awareness: Many defendants in Nigeria are not aware of their right to plea bargain, and many defense lawyers are not familiar with the process, which can result in defendants being unfairly denied the opportunity to plea bargain.
3. Corruption: Corruption is a significant problem in the Nigerian criminal justice system, and plea bargaining can be vulnerable to abuse by corrupt officials. Defendants may be coerced into accepting plea bargains or may be denied the opportunity to bargain if they do not offer bribes.
4. Cultural factors: Nigeria has a complex and diverse cultural landscape, and attitudes towards plea bargaining can vary widely across different regions and ethnic groups. Some communities may view plea bargaining as a sign of guilt or weakness, which can discourage defendants from accepting plea bargains.
5. Overburdened Court system: Nigeria’s Court system is often overwhelmed by a large backlog of cases, which can make it difficult to process plea bargains promptly. This can result in defendants being held in pretrial detention for extended periods, which is a violation of their rights.

Overall, while plea bargaining has the potential to be a valuable tool in Nigeria’s criminal justice system, addressing these challenges will be essential to ensuring that the process is fair and effective.

CONCLUSION

In Nigeria, plea bargaining was introduced in 2004 to reduce the backlog of criminal cases in Courts.

While plea bargaining has helped to reduce the number of cases pending in Nigerian Courts, it has been criticized for a lack of transparency and accountability. The process is often abused, with defendants being coerced into pleading guilty even when they are innocent. There have also been allegations of corruption in the process, with some lawyers and judges accused of taking bribes to facilitate plea bargains.

In addition, some have argued that plea bargaining undermines the principle of equal justice under the law, as defendants with access to resources and legal representation may be able to negotiate better plea deals than those without. Overall, plea bargaining in Nigeria remains a controversial issue, with proponents arguing that it is a necessary tool to address the backlog of cases in the Courts, while critics argue that it is prone to abuse and undermines the fairness of the justice system.

 In conclusion, while plea bargaining can be a useful tool in the criminal justice system, its application in Nigeria should be monitored closely to ensure that it is not abused and that it serves the interests of justice. Prosecutors should not use it to coerce innocent defendants into accepting plea deals, and all defendants should have equal access to plea bargaining regardless of their financial resources. Additionally, it is important to maintain the deterrent effect of criminal sanctions and ensure that plea bargaining does not undermine this important aspect of criminal justice

SNIPPET:

While plea bargaining has the potential to improve the efficiency of the Nigerian criminal justice system, there are also valid concerns about its potential to undermine the principles of fairness and justice. As such, it is important to ensure that any use of plea bargaining is carefully regulated and monitored to prevent abuse and to ensure that the rights of defendants are protected.

KEYWORDS:

Plea bargaining, The Nigerian Justice System, Crime and plea bargain.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

Mr Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and vast knowledge of Banking Law Practice and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

CONTRIBUTOR: Akeleju Attah Anthony

Anthony is a member of the Dispute Resolution Team at OMAPLEX Law Firm. He also holds commendable legal expertise in Banking Law Practice

He can be reached at anthony.akeleju@omaplex.com.ng

[1] Section 9 Act no.1, 2014

[2] In January 2013, John Yakubu Yusuf was Sentenced to a Fine of N750,000 or Two Years Imprisonment for Corruption Involving a Sum of N23billion: www.vanguarding.com/2013/police–pension-fraud-a-chronology of plea-bargain-compromised 7/04/2023