One rule for the goose, one for the gander? The use of plea bargaining for high profile corruption cases in Nigeria

Abstract

Controversies have continued to trail the adoption and use of plea bargaining in the criminal justice administration in Nigeria, particularly in prosecuting high profile corruption cases. This paper interrogated the pros and cons of its application by the Economic and Financial Crimes Commission (EFCC) to recover looted funds from high profile corrupt public officials. Leaning heavily on sociological school, which emphasizes the relationship between law and the needs and institutions of the society, the article explored various schools of thought in law as regards the conceptualisation of plea bargaining, theoretical underpinnings of the emergence, adoption and the implication of its use on Nigeria’s drive towards ensuring equality before the law. The selective use of plea bargaining in the country is adjudged to be counterproductive and inimical to the country’s quest for social justice.

Keywords: Corruption; high profile; law; plea bargaining; social justice