TOWARDS A LEGAL FRAMEWORK FOR NON-PROSECUTION AND DEFERRED PROSECUTION AGREEMENTS IN NIGERIA

Authors

  • Akeem Olajide Bello

DOI:

https://doi.org/10.54275/raesmpce.v13i1.161

Keywords:

Non-Prosecution Agreement, Deferred Prosecution Agreement, Legal framework

Abstract

This article examines the use of Deferred Prosecution Agreement and Non-Prosecution Agreement as alternative mechanisms to criminal prosecution of corporations in the United States of America and United Kingdom. The articles examine the justifications for the use of the mechanisms, and concerns arising from their use. The article finds that in the United States of America, a Deferred Prosecution Agreement is subject to limited judicial review while a Non-Prosecution Agreement is not subject to any form of judicial review. The wide discretionary powers exercised by prosecutors in the United States is consequently a major concern. The legal framework for Deferred Prosecution Agreement in the United Kingdom however provides for judicial standards of review and approval which empower courts to ensure that the terms of Deferred Prosecution Agreement are in the interest of justice, fair, reasonable, and proportionate. The article finds that the Nigeria Constitution provide a framework for Non-Prosecution Agreement although there is currently no framework for Deferred Prosecution Agreement. The article recommend that Nigeria should adopt the United Kingdom’s legal framework.

References

Cindy R. Alexander & Mark A. Cohen. The Evolution of Corporate Criminal Settlements: An Empirical Perspective on Non-Prosecution, Deferred Prosecution, and Plea Agreements. (2015) 52. American Criminal Law Review, 532.

Constitution of the Federal Republic of Nigeria 1999.

United Kingdom, Crime and Courts Act 2013.

Economic and Financial Crime Commission (Establishment) Act 2004.

Michael Yangming Xiao. Deferred/Non-Prosecution Agreements: Effective Tools to Combat Corporate Crime (2013) 23. Cornell Journal of Law and Public Policy, 233.

Published

2021-07-14

How to Cite

Olajide Bello, A. . (2021). TOWARDS A LEGAL FRAMEWORK FOR NON-PROSECUTION AND DEFERRED PROSECUTION AGREEMENTS IN NIGERIA. ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 13(1), 163–183. https://doi.org/10.54275/raesmpce.v13i1.161