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 Benue State University, Makurdi

LAW JOURNAL VOLUME 9, 2019/2020


An Examination of the Rights of Crime Victims in Plea Bargain Agreements in Nigeria

Alfred M. Tijah*

Abstract

The meaning of justice to crimes victims varies significantly from one case to another. While an apology simpliciter may satisfy one victim, another may consider the harm done, too great to be settled diplomatically and may desire capital sentence against the criminal defendant. Above these desires, lies the overriding prosecutorial discretion to quickly settle the case with the criminal defendant through plea bargaining, sometimes without victims’ knowledge or participation and, in utter disregard for other victims’ rights and interests. This not only undermines the significance of victims’ inputs in assisting the court to reach appropriate sentencing decision, but also erode public confidence in the judicial system. This paper employs doctrinal research methodology to examine crime victims’ rights in plea bargain under Nigerian criminal justice administration and found that, the progressive enactment of the Administration of Criminal Justice Act, (ACJA) 2015 which accords crime victims some measure of rights in plea bargain agreements ostensibly to protect them against the tyranny of prosecutors is rather symbolic than substantive, since the ACJA provides no remedy for the violation of victims’ rights. Recommendations are made including the education of victims to avoid unrealistic victim expectations; the amendment of the ACJA to accord crime victims the right to address the court on the impact of the crime on them, and the filing of a certification of compliance with victims’ right by prosecutors before a court can accepts a plea agreement.

Key words: Criminal justice, impact statement, plea bargain, prosecutorial discretion, victims’ rights.

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