ISSUES IN PLEA BARGAIN UNDER NIGERIAN CRIMINAL JUSTICE: A COMPARATIVE ANALYSIS OF THE APPROACHES OF SELECTED JURISDICTION

It is without doubt that the need to improve the effectiveness and efficiency of the criminal justice system necessitated the enactment of the Administration of Criminal Justice Act, 2015, and the various States Administration of Criminal Justice Laws. The paper adopted the doctrinal method of research in which reliance was placed primarily on the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the ACJA 2015, ACJLs of selected states and other criminal legislations in the country as well as judicial authorities. Reliance was also placed on secondary sources of information such as opinions of eminent scholars expressed in books and journals. It was found that though plea bargain is a veritable catalyst for speedy trial, its effective utilization is hamstrung by absence of a robust and all-encompassing legal and institutional frameworks adequate and sustainable enough to enhance the smooth application of the concept. It is also found that the practice tends to exclude lawyers and also usurp judicial powers of the courts. It is therefore recommended that there should be a robust and allen compassing legal and institutional frameworks adequate and sustainable enough to enhance the smooth application of plea bargain in Nigeria, including tackling corruption which is deterring a prosecutor from doing his work impartially to enhance the practicability of the concept of plea bargain.