The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi has explained why the federal government is encouraging the utilisation of plea bargaining in resolving criminal cases.
Fagbemi said the plea bargaining option, provided for in the Administration of Criminal Justice Act (ACJA), 2015, and similar laws enacted by the various states is intended to curb delay, reduce the cost of production, and address congestion in prisons.
The AGF spoke in Abuja on Tuesday, December 19, at the unveiling of the “Plea Bargaining Guidelines for Federal Prosecutors 2023” and a sensitization workshop on the guidelines for judges, prosecutors, and other stakeholders.
He agreed that there were misgivings among Nigerians about the benefits of plea bargaining, but noted that the merits outweigh the presumed disadvantages.
The AGF said noted that among the benefits of plea bargaining is that “it helps in the management of the caseload of prosecutors and enables the state to concentrate its limited resources on the cases considered more deserving of full prosecution.
He stated: “When applied in compliance with stipulated guidelines, plea bargaining can enhance the quick recovery of stolen assets and proceeds of crime.
“It is also one of the mechanisms that can facilitate cost-effective, timely, and sustainable decongestion of custodial centres.”
Fagbemi explained that the negative perception often associated with the application of plea bargaining in serious and complex cases accounts for the need for “standard guidelines for the implementation of plea bargaining provisions contained in our laws.”
He added that the objective of the guidelines is to, among others, “guide the prosecution and the defence in reaching a plea bargain agreement that ‘is in the interest of justice, the public interest, public policy and the need to prevent abuse of legal process.’
“Our conviction is that the guidelines, which we are unveiling today, will promote standardization, enhance the effective implementation of the plea bargaining provisions in the ACJA, and significantly contribute and stimulate overall efficiency of the criminal justice system in Nigeria.
“The effective deployment of plea bargain provisions will therefore reduce the financial cost of prosecutions, hasten trial processes, eliminate the uncertainty of trials, facilitate the quick return of stolen assets, and generally enhance the efficiency of the Criminal justice system.
Fagbemi commended those whose efforts resulted in the production of the guidelines and then urged “all the critical stakeholders to embrace and use these guidelines as a catalyst for positive change to boost and strengthen the effective and efficient administration of criminal justice system within our jurisdiction.”
The Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Hussein Baba Yusuf applauded the initiative of plea bargaining guidelines given the challenges associated with the adoption of the measure before now.
Represented by a senior official of the court, Justice Yusuf said it “gladdens my heart that the plea-bargaining guidelines being unveiled today are poised to provide the needed interventions in the form of supplemental protocol or stop-gap measures to aid prosecuting agencies on how to proceed going forward.
He added: “In that sense, it is my firm view that this document is indeed a welcome development as it offers the opportunity for reinforcing the current national advocacy for a paradigm shift toward speedy dispensation of justice.
“At this point, it is good to also state that making the guidelines on plea bargaining is only the first part. But, to move beyond that will require our collective resolve to ensure that these guidelines are not left idle on our bookshelves.
“In this connection, I encourage all stakeholders, especially the prosecuting agencies to make the best use of this document by effectively deploying it as a power tool in our quest to set the administration of criminal justice in Nigeria on a path for permanent and sustained progress.
“But in doing so, one must caution that the simplicity of plea bargaining should not be a motivating factor for prosecuting agencies in resorting to this process as a readily preferred option to securing convictions as against striving to discharge the burden of proof beyond reasonable doubt as required by law.”
The Permanent Secretary of the Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba assured that the deployment of plea bargaining will aid efficiency in the administration of the criminal justice system.
Jedy-Agba said: “My charge to all the stakeholders, the prosecutors, defence counsel, and the Judiciary is that we should all embrace this change and appropriate the benefits and the dividends of plea bargain like the rest of the world to our criminal justice system.
“I have no doubt in my mind that plea bargain will lead to more efficient use of resources, reduce the backlog of cases in court, enhance quick dispensation of justice, and provide quicker resolution to criminal cases.
“I believe that plea bargain is a win-win situation for the judiciary, the prosecutors, and the defendants.”
