Role of Plea Bargain and Nigeria's Anti-corruption Efforts
Year: 2026
Type: article
Abstract: Plea bargaining was introduced into Nigerian anti-corruption practice through section 14(2) of the Economic and Financial Crimes Commission (EFCC) Act 2004 and codified nationally in sections 270 and 494 of the Administration of Criminal Justice Act (ACJA) 2015 to expedite trials, decongest courts and recover stolen assets. This paper examines whether, in practice, the mechanism has advanced or undermined Nigeria's fight against corruption. Using a doctrinal and qualitative case-study design, it analyses the statutory framework, appellate decisions and five landmark plea-based convictions: Tafa Balogun (2005), Diepreye Alamieyeseigha (2007), Lucky Igbinedion (2008), Cecilia Ibru (2010) and John Yakubu Yusuf (2013). The analysis is guided by deterrence, procedural justice and restorative justice theories. The findings reveal two distinct failure patterns. In some cases, substantial assets were recovered but custodial sanctions were nominal and were often served in hospitals rather than correctional facilities. In others, both recovery and punishment were trivial relative to the sums involved, producing what critics describe as a "pay millions, keep billions" outcome. Both patterns weaken deterrence, reinforce perceptions of elite impunity and marginalise direct victims. Encouragingly, appellate courts, the National Judicial Council and the ACJA 2015 have begun to correct the most egregious outcomes. Drawing on Kenya's codified plea-agreement regime, the paper recommends binding plea and sentencing guidelines, a minimum custodial floor and full-disgorgement rule for grand corruption, dedicated and audited plea units in the EFCC and ICPC, mandatory victim participation, and public reporting of plea terms. These reforms would reposition plea bargaining as an instrument of accountability rather than impunity.
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225615008
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