By
Tareri Avwomakpa
Abstract
The applicability of the doctrine of plea bargain in Nigeria’s criminal justice system has generated mixed reactions owing to the public evaluation of the challenges and prospects of plea bargain for the victim of the crime, the defendant, and for the state. There are arguments that plea bargain is subject to abuse, thus becoming an incentive for offenders to commit more heinous crimes. On the other hand, advocates of the doctrine have argued in favour of its sustenance on grounds of speedy trial and public interest. The divergence has raised contradictions and at times negative public outcry against the courts over the application of the doctrine in specific cases and calling for abolition of plea bargain in Nigerian criminal justice system. This paper therefore sets out to examine the challenges and prospects of the doctrine of plea bargain in Nigeria while also considering the conditionalities the application of the doctrine under the ACJA. The research adopts the doctrinal research methodology, using statutes, case laws, journals, textbooks, and other materials to examine legal doctrines relevant to the subject. The inquiry finds that although there are justifications for the introduction of plea bargain in Nigeria, there are major challenges to the application of the doctrine; although not insurmountable. It recommends the need for further amendments to the ACJA in order to derive maximum benefit of plea bargain for the administration of criminal justice in Nigeria. This paper concludes that with the necessary amendments of the laws and practices governing plea bargain in Nigeria, the practice can achieve the desired results.