Assessing the Implication of Plea Bargain under ACJA, 2015 in Nigeria’s Anti-corruption Crusade: Lessons from Kenya

Abstract

The fight against corruption under the Nigerian Criminal Justice System has gradually witnessed the use of plea bargain in the prosecution of corruption cases; drawing criticism and approval from stakeholders. Plea Bargain is an agreement between the prosecutor and defendant whereby the defendant concedes to plead guilty to a particular charge in exchange for some concession from the prosecutor. This paper assesses the implication of plea bargain under the Administration of Criminal Justice Act, 2015 in the fight against corruption in Nigeria; drawing lessons from Kenya. The paper is doctrinal, using primary and secondary sources of law such as case law, books, articles in journals, and internet materials. It examines plea bargain and innovations under Administration of Criminal Justice Act, 2015 as well as complementary analysis of plea bargain under Administration of Criminal Justice Law (ACJL) of states and Kenya’s application of plea bargain in its anti-corruption fight. The paper finds that judicial decisions considered both in Nigeria and Kenya reveals that plea bargaining is a useful tool in fighting corruption. One of the key recommendations of this paper is having a Plea Bargain Guideline and Rule pursuant to ACJA 2015 as obtainable in Kenya. This will act as a guide for prosecutors, accused persons and other stakeholders in negotiating a plea bargain agreement.