Plea bargaining: A panacea towards prison decongestion in Nigeria

• Author: S.M. Olokooba, M. K. Adebayo
• Position: LL.M (Ife), B.A, P.G.D.E, LL.B, Ph.D. (Unilorin) BL., Senior Lecturer, Department of Business Law, Faculty of Law, University of Ilorin, Nigeria - LL.B, LL.M., Ph.D. BL., Senior Lecturer and Head, Private and Public Law, Department, Faculty of Law, University of Ilorin, Ilorin, Nigeria
• Pages: 139-148

AGORA International Journal of Juridical Sciences, www .juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 139-148

139

PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN

NIGERIA

S.M. Olokooba, M. K. Adebayo

S.M. Olokooba

LL.M (Ife), B.A, P.G.D.E, LL.B, Ph.D. (Unilorin) BL.

Senior Lecturer, Department of Business Law

Faculty of Law, University of Ilorin, Nigeria

*Correspondence: University of Ilorin, Ilorin, Kwara State, Nigeria

E-Mail: sakaskydlaw2002@gmail.com

M.K. Adebayo

LL.B, LL.M., Ph.D. BL.

Senior Lecturer and Head, Private and Public Law, Department

Faculty of Law, University of Ilorin, Ilorin, Nigeria

E-Mail: barrykay2005@yahoo.com

Abstract

Against the panoramic view of the criminal justice reform agenda in Nigeria, the pl ea

bargaining procedure is yet to be fully recognized as a major intervention strategy to deal

with the problems in the Nigerian criminal justice administration. This paper therefore

conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for

plea as well as the merits and demerits of the plea are discussed. The paper also highlights the

major problems afflicting criminal justice administration and examines the steps being taken

to deal with t he problems. The em phasis is on strengthening arguments for a mutual

acceptance of plea bargaining as a credible exist strategy by both the state and an alleged

offender. The way forward in form of recommendations for the expansion and

institutionalization of the practice is also discussed.

Keywords: Plea Bargaining, A Panacea, Prison Decongestion

Introduction

The Nigerian criminal justice administration system is no doubt characterized, among

other features, by delay in the administration of cases, either due to lack of facilities for the

speedy discharge of judicial functions, lack of research lawyers to assist judicial officers in the

determination of cases and specifically in the preparation of judgments and rulings, long

adjournment of cases owing to congestion of court diaries, non specialization in the legal

profession leading to difficulty to swiftly acquire quality expertise that a litigation lawyer

needs to superbly handle cases and provide guidance to the court, stalling criminal prosecution

by investigating police officer who fail to produce witnesses to the Director of Public

Prosecution for testimonies during trials.

1

The excruciating torment and hopelessness that an accused person standing trial, and

who thereby is incarcerated, is subjected to is better imagined than experienced. Worrisome is

the constitutional provision that an accused person is still presumed innocent until proved

otherwise regardless of the seriousness or graveness of the offence alleged against hi m, which

in most cases lacks factual or legal basis notwithstanding the upholding of any conviction and

sentence.

2

The view generally adopted by the prosecution, which is the judicial view is that all the

prosecution needs to allege is the commission of an offence and call witnesses in support of

the commission of the offence. The onus is on the accused to prove that he had not committed

1

Ogunye, J The Imperative of Plea Bargaining (Lagos; Law yers’ League for Human Rights, 2005) p. iv

2

Ibid.