FAILURE OF PLEA-BARGAINING IN NIGERIA

Abstract

Plea-bargaining was initially introduced into Nigeria as a panacea to political corruption and money laundering and although it is now applicable to other crimes; political corruption and money laundering remain its focus. Attempts to resolve political corruption and money laundering them in Nigeria with plea-bargaining have been particularly appalling and deserving of special interrogation because since plea bargain made its entry into Nigerian jurisprudence it has been the basis of seemingly successful prosecutions with obvious disparities between offences and sentences; proceeds of crime and recoveries; and politically exposed persons and other defendants. These judgments were seemingly without regards to any guidelines and appear to have been informed by other considerations, which raises questions as to the integrity of the plea bargain process upon which they were based. This not only weakens the administration of criminal justice system but also rob it of the deterrence effect that successful prosecutions of crimes have on the society. Consequently, in Nigeria it is argued that the practice of plea bargaining is defeating the fight against corruption.