UNDERSTANDING PLEA BARGAIN AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA

Adekunle Saheed ABIOLA; John Afolabi OGEDENGBE

Abstract


The use of Alternative Dispute Resolution mechanisms is mostly propagated in civil disputes. It is also a known fact that issues of crime cannot be amicably settled as the State has the sole discretion in determining who is to be prosecuted or not. Despite this fact, plea bargaining has emerged as a prominent mechanism within the criminal justice system, offering an alternative means of resolving criminal cases in Nigeria. This paper examines plea bargaining as an alternative dispute resolution method and its implications within the Nigerian legal framework. The paper adopted a doctrinal research method which encompasses a comprehensive review of relevant literature, statutes and case law, this paper looks at the public concerns about application of plea bargaining in Nigeria. This paper concluded that plea bargaining has demonstrated its value for expeditiously resolving criminal cases and alleviating the strain on court systems and incorporating a wider spectrum of ADR approaches, Nigeria can benefit from a more comprehensive and balanced approach to resolving disputes. The work recommended the amendment of the extent laws on plea bargaining to limit the courts involvement in the entire process.

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