Integrating Plea Bargaining and Restorative Justice in the Nigerian Criminal Justice System: A Critical Appraisal

Abstract

This paper examines plea bargaining and restorative justice within the criminal justice system of Nigeria and argues for a concrete legal connection between them. Plea bargaining is regulated in detail by section 270 of the Administration of Criminal Justice Act 2015. Restorative justice has a separate statutory footing under the Nigerian Correctional Service Act 2019, which recognises among other things victim-offender mediation, and community mediation. However, the two processes are still administered along separate paths. The paper uses doctrinal research, Nigerian appellate decisions, and selected comparative law to examine the strengths and loopholes of the present framework. It finds defects in the drafting of section 270, uncertainty around concessions in sentencing and uneven implementation of restorative justice. It proposes an integrated framework based on screening of cases, informed consent, legal representation and written agreements. The paper rejects obligatory restorative encounters and a fixed benchmark for sentencing. It argued for a process that preserves prosecutorial responsibility and judicial control while giving repair of harm a defined place in negotiated criminal justice.

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