PLEA BARGAINING: DEFENDANT’S RIGHTS TO THE USE OF POLYGRAPH TEST

Abstract

It is almost customary that when offenders are apprehended they often tend to tell half -truth. Often, neither the best investigations nor the most discreet surveillance will reveal the more lucrative assets derived from criminal enterprise. The efforts of Economic and Financial Crimes Commission in the recovery of assets that are proceeds of crime have yielded results but these financial investigators and analysts after having painstakingly examined loads of documents and records still hit a dead wall as to determining whether or not a particular asset can be forfeited or not. The recent decision of the court to unfreeze the accounts of the wife of the former President of Nigeria Mrs. Patience Jonathan is one example. Another example is the case of Cecilia Ibru who due to poor administration of the recovery and implementation of the plea bargain, Cecilia Ibru still controls most of the assets and shares recovered under the plea bargain. This paper examines the right of both parties in plea bargaining to the use of Polygraph machine in detection of lies. This paper is doctrinal and relies on library materials.