Understanding the concept of plea bargaining in Nigerian law

The expression “request deal” or “plea bargaining” alludes to an understanding between the arraignment and the safeguard in a lawbreaker case. A request deal is essentially an agreement between the sides planned to permit:

the respondent to get decreased discipline and keep away from the dangers and stress of preliminary, and the indictment to ensure the consequence of the case and protect assets that would have gone toward a preliminary.

Check out or law books on forms of plea bargaining at princess legal world.

Charge Bargaining

The defendant pleads to a crime that’s less serious than the original charge, or than the most serious of the charges.

Example: The prosecution charges Tosin Adio with burglary, but he pleads guilty to trespassing and the prosecution dismisses the burglary charge.

Count Bargaining

Many consider count bargaining to be similar to charge bargaining. Here, the defendant pleads to only one or more of the original charges, and the prosecution drops the rest.

Example: The prosecution charges Maryfaith with both robbery and simple assault. The parties agree that Maryfaith will plead to the assault charge, and that the prosecution will dismiss the robbery charge.

Sentence Bargaining

The defendant takes a guilty or “no contest” plea after the sides agree what sentence the prosecution will recommend.

Example: Samson agrees to plead to the charge of misdemeanor resisting arrest, and the prosecution agrees to recommend that the judge not sentence him to jail time.

Fact Bargaining

The defendant pleads in exchange for the prosecutor’s stipulation that certain facts led to the conviction. The omitted facts would have increased the sentence because of sentencing guidelines.

Example: The government files an indictment against Kole for drug trafficking. Federal agents caught him with over 5kg of cocaine. 5kg triggers a sentence involving many years in prison, so Kole agrees to plead guilty to the offense in exchange for the prosecution’s stipulation that he possessed less than 5kg

The concept of plea bargaining is one of the most controversial tools used in the disposition of criminal trials. According to the Columbia Law Review, “one statistic dominates any realistic discussion of criminal justice in America today: 85% of the criminal defendants convicted in state and federal courts plead guilty rather than exercise their right to stand trial before a court or jury.

Plea Bargaining is simply a negotiated agreement between a prosecutor and a defendant (commonly referred to as an accused in a larger part of Nigeria except Lagos), whereby the defendant pleads guilty to a lesser offence or to one of multiple charges in exchange for some concession by the prosecutor, usually, a more lenient sentence, or a dismissal of the other charges.

In Nigeria, under the Constitution, an accused person is presumed innocent until proven guilty 

This presumption of innocence can only be rebutted by the prosecution and this is achieved when the prosecution is able to satisfactorily discharge the legal burden on it to prove its case against the accused person beyond reasonable doubt

The request deal or plea bargain is a central idea, which any state which wants to make it a piece of its law enforcement framework ought to integrate into its constitution to give it the essential power. Without even a trace of clear arrangement under the Constitution of Nigeria, the relevance of request deal is positively in opposition to the arrangements of the Constitution.

The plea bargain is a fundamental concept, which any state which desires to make it a part of its criminal justice system should incorporate into its constitution to give it the necessary force. In the absence of any clear provision under the Constitution of Nigeria, the applicability of plea bargain is certainly contrary to the provisions of the Constitution.

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