LIMITATIONS OF PLEA BARGAINING IN PROSECUTING CYBERCRIME IN NIGERIA

Nwafor, E. Ifeoma (2018) LIMITATIONS OF PLEA BARGAINING IN PROSECUTING CYBERCRIME IN NIGERIA. OAU Law Journal, 1 (1). pp. 1-26.

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Abstract

The main purpose of the Administration of Criminal Justice Act is to ensure the efficient management of criminal justice institutions, speedy dispensation of justice, protection of society from crime and protection of the rights and interests of the suspect, the defendant and victim. Plea bargaining is one of the new innovations introduced in the Act. It is a negotiated agreement between a prosecutor and a criminal defendant who pleads guilty to a lesser offence for some concession by the prosecutor, usually a more lenient sentence or a dismissal of the charges. Even though plea bargaining has been praised as a panacea in the administration of criminal justice, it has also been condemned as a drawback as regards the anti-corruption fight. This work focuses on the limitations of plea bargaining in prosecuting cybercrime in Nigeria. The central hypothesis outlined here is that applicability of plea bargaining in cybercrime trials weakens the deterrent effect prison sentences are intended to have. Under the Cybercrime Act, 2015, prison sentences range from two (2) years to ten (10) years with or without a fine. The prevalence of cybercrime heightened even after the Cybercrime Act came into force. This shows that the prison sentences are not deterrent enough and applying plea bargain in cybercrime trials will further frustrate effective/sufficient punishment of cyber criminals. This paper takes a comparative approach, it analyses the Nigerian law on plea bargaining and its application to cybercrime while juxtaposing it with the law and practice in the United States. It argues that plea bargaining should not be applied to cybercrime trials in Nigeria and if it must be applied, it should be subject to the condition that the defendant would work with the law enforcement agencies in policing the cyberspace.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: mrs chioma hannah
Date Deposited: 22 Apr 2026 16:17
Last Modified: 22 Apr 2026 16:17
URI: http://eprints.gouni.edu.ng/id/eprint/5617

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