Plea Bargaining under Administration of Criminal Justice Act: How Best in Fighting Financial Crimes in Nigeria
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Date
2022-08-12
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Kogi State University Journal of Public Law
Abstract
This paper considered the negative effect of lack of facilities for
speedy judicial functions, long adjournment of cases and
technicalities on the administration of criminal justice in Nigeria
which has necessitated the adoption of plea bargaining as a legal
concept in the administration of criminal justice. It also considered
the need to improve effectiveness and efficiency in our judicial
system with a view to quickening the administration of criminal
justice through the enactment of new statutes and establishment of
law enforcement agencies. It adopted the doctrinal method of legal
research whereby primary, secondary and tertiary materials were
gathered and analysed. It was observed that plea bargaining has
become a global legal concept used by advanced jurisdiction to fight
corruption,economic and financial crimes, money laundering and
other fraudulent transactions. It was concluded that the adoption and
practice of plea bargaining in Nigeria will aid quick dispensation of
criminal justice despite some criticisms of the concept, inter alia,
that it would work against public interests and encourage Treasury
looters to perfect their trade. It was recommended that before plea
bargaining agreements are entered between the prosecution and the
defendant, the defendant must be prepared to return all the proceeds
of his criminal act. It was further recommended that special courts
be established to handle corruption cases as the regular courts are
highly congested.
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178 Kogi State University Journal of Public Law