Browsing by Author "Abubakar, Saidu Umar"

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    ANALYSIS OF THE DOCTRINE OF PLEA BARGAINING UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015.
    (Department of Public and International Law, Nasarawa State University, Keffi., 2019-12-12) Abubakar, Saidu Umar
    Although, there are different definitions given to the, phenomenon called “plea bargain, this is so because legal practitioners and scholars are not commonly in terms on the exact meaning of plea bargaining. The definition of plea bargaining seems to vary depending on the jurisdiction and on the context of its use. Notable amongst the various definitions is that one reads thus: The process whereby the defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to courts approval. It usually involves the defendants pleading guilty to a lesser offence or to only one or some of the courts of the multi-count indictment in return for a lighter sentenced than that possible for the graver change. The use of plea bargaining is also a reflection of the investigative inadequacies of security agents in Nigeria as the process of investigation and gathering of evidences is often fraught with lack of capacity, improper documentation, political interferences, inadequate funding, sabotage and corrupt practices of agents among others. This research aims to analyze the practice of doctrine of plea bargaining under the administration of Criminal Justice in Nigeria. This study explores the historical nature of plea bargaining to review the benefits and demerits. It gives a brief analysis of the position in other jurisdiction and particularly in the Nigeria Criminal Justice System. The irregularities in the legal framework for the invoking, interpreting and applying plea bargaining in Nigeria before the enactment of Administration of Criminal Justice Act 2015 are examined. Recommendations that will assist all stakeholders in the application of plea bargaining are also expressed in this study. It is also recommended that criminal justice administration database should be made while Fast Track Courts should be established for the utilization of special rules of procedure in justice delivery system in the country.