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Judge proposes plea bargaining to decongest prison

Judge proposes plea bargaining to decongest prison

From Fisayo Akinduro, Osogbo
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A Judge of the Federal High Court in Osogbo, Justice Peter Lifu, has suggested a plea bargain for the decongestion of prisons and overloading of cases in court.

This is just as the Judge called for the revisit of Justice Mohammed Lawal Uwais judicial reform committee recommendations of 2012.

He posited that the problem confronting justice system in Nigeria has gone beyond what criminal justice can solve.

Delivering lecture on “An Appraisal of the Administration of Criminal Justice Act 2015” at the College of Law, Ifetedo Campus, Osun State University, on Thursday, Justice Lifu noted that the problem has its roots in the whole structure of Nigerian society.

He maintained that the disproportion in education, employment and living condition of Nigerians would make it difficult to solve the problem with criminal justice.

The Judge said, “The lesson that can be drawn and learned from the Nigerian Criminal Justice System is that the Criminal Justice alone cannot hope to solve a problem which has its roots in the whole structure of Nigerian society.

“There is no doubt that the Administration of Criminal Justice Act 2015 is a watershed and a bold attempt at redefining and streamlining effective Criminal Justice Administration and Control. We cannot pretend that it can solve all problems in that context as far as inequalities exist in education, employment and living condition.

“Consequently, any progressive trend requires the linkage of crime prevention and Criminal Justice with the social, economic, cultural and political development of the nation and for these issues to be considered at the highest political level, the United Nations has recognized the importance of examining crime control and prevention in the context of development and in 1985 laid down guiding principles for the achievements of these goals.

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“This is a blue-print which Nigeria policymakers should study closely before embarking on any amendment to the Administration of Criminal Justice Act

2015 as the tendency the world over now is on preventive justice.

“Furthermore, the 28 member justice Mohammed Lawal Uwais judicial reform committee recommendations of 2012 needs to be revisited.

The Judge also posited that plea bargain could be used to decongest prison, though require proper application.

“In as much as plea bargain and the concept of compounding of offences under the EFCC Establishment Act will be a veritable tool in curing the myriads of problems and challenges in Criminal Justice Administration, it should be applicable to all criminal cases particularly first offenders irrespective of class and status, but with great caution when it comes to corruption cases. This is so because, our experience in this country makes the application of plea bargain (a contract) very volatile.

Plea bargain therefore is a great tool if properly applied towards the decongestion of our prisons as it will be a major intervention strategy in tackling the delay in the administration of justice, overloading of cases in courts and prison congestion.

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Judge proposes plea bargaining to decongest prison

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