Negotiating Criminal Responsibility with Plea Bargain in Nigeria

A Comparative Approach

  • Julius Edobor University of Benin, Faculty of Law
  • Faith Osadolor University of Benin, Faculty of Law
Keywords: Plea Bargain, Criminal Justice, Prosecutor, Guilty, Defendant, Offence

Abstract

The concept of plea bargaining is a commendable tool in the administration of criminal justice in Nigeria. It is simply a negotiated agreement between a prosecutor and a defendant where the defendant pleads guilty to a lesser offence in exchange for concession. This study examines the historical development of the concept, its comparative development in selected countries such as, the United States of America, India, Canada and some Common Law jurisdictions where plea bargaining has gained prominent recognitions in its criminal justice systems particularly, where there is absence of compulsory prosecution against the criminal defendants. In the same vein, the study also examines the issues arising from the emergence and practice of plea bargain in Nigeria. It therefore, proffers appropriate recommendations against the background of the examination of the Administration of Criminal Justice Act (ACJA), 2015 which has also been domesticated in some States in Nigeria.

Author Biographies

Julius Edobor, University of Benin, Faculty of Law

LL.M, B.L; Lecturer, Department of Public Law, Faculty of Law, University of Benin, Benin City, Edo State, Nigeria. 

Faith Osadolor, University of Benin, Faculty of Law

PhD, Professor of Public Law, Department of Public Law, Faculty of Law, University of Benin, Benin City, Edo.

Published
2021-11-02