Monday, August 19, 2019
Bisola Ogundare (RRA Solicitors & Advocates) has posted The Current Legal Framework on Plea Bargain in Nigeria on SSRN. Here is the abstract:
This study examines Section 270 of the Administration of Criminal Justice Act 2015. The main purpose of Administration of Criminal Justice Act 2015 is to improve the criminal justice system in Nigeria. The ACJA 2015 is a suitable model in Nigeria having regard to the peculiarities of our circumstances. Section 270 of this Act has laid down clear parameters for the application of plea bargain in Nigeria. With a view of identifying the proper method for effective application of plea bargain under Section 270 Administration of Criminal Justice Act 2015, earlier application of the concept in different case laws would be examined to expose the arbitrariness in its implementation before the enactment of this Act. The Act amends most of the breakdown surrounding the half-hearted application of the concept in the past.
The study also revealed the shortcomings of the new legislation on plea bargaining and offered recommendations that might well guide key operators in the administration of criminal justice sector. Plea bargain is a suitable model to the peculiar situation of Nigeria. If applied correctly and not randomly, it would permit a quick resolution with all the benefits that result from final disposition to avoid delays. Plea bargaining not withstanding it perceived flaw is very useful in our criminal Justice System. It forms part of our criminal justice System and effort should be made to properly apply the concept.