By Chimezie Godfrey
The Federal Ministry of Justice has developed draft guidelines on plea bargaining for federal prosecutors which will ensure lasting reforms in the criminal justice sector in Nigeria.
The Attorney General of the Federation and Minister of Justice, Abubakar Malami disclosed this on Tuesday in Abuja, at the virtual stakeholders roundtable to “Review the Draft Guidelines on Plea Bargaining for Federal Prosecutors”.
Represented by the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Dayo Apata, Malami said that the development of the draft guidelines is part of the ministry’s effort to reform the criminal justice sector in the country.
He said,”It is my great pleasure to welcome all participants to this very important Roundtable to review the Draft Guidelines on Plea Bargaining for Federal Prosecutors.
“The development of the Draft Guidelines is one of the strategic interventions by the Federal Ministry of Justice towards ensuring lasting reforms in the Criminal Justice Sector in Nigeria.
“You will recall that the purpose of the Administration of Criminal Justice Act (ACJA), 2015, as detailed in section 1(1) is to guarantee that the system of administration of criminal justice in Nigeria: promotes the efficient management of criminal justice institutions; ensures speedy dispensation of justice, protects the society from crime; and protects the rights and interests of the suspect, the defendant and the victim.
“One of major innovations of ACJA aimed at achieving these objectives is the introduction of plea bargain which is defined in section 494(1) as:“the process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case, including the plea of the defendant to a lesser offence than that charged in the complaint or information and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that of the higher charge subject to the court’s approval.”S.270 of the ACJA (2015) provides the general legal framework for the application of Plea Bargain.
“I believe that this provision can also be effectively deployed to address the compounding of offences which feature in some statutes but without any procedural detail to aid its application.
“This lacuna is responsible for abuses in compounding of offences which had strengthened the current public skepticism about plea bargaining in general.”
Malami noted that in spite of the laudable provisions of section 270 of the ACJA, there is no doubt that these provisions are inadequate to guide the prosecutor and the defendant in reaching a plea bargain that ensures the protection of public interest, the interest of justice and prevents abuse of legal process.
“This informed the development of the Draft Guidelines which is before you for review.
“The Draft was developed by the Administration of Criminal Justice Reform Department in collaboration with Rule of Law and Anti-Corruption Programme (RoLAC) and other distinguished Experts.
“As you are well aware, the Justice system in our nation is presently fraught with a lot of challenges which prolong adjudication time and most times frustrate parties.
“The effective deployment of Plea Bargain provisions will therefore, reduce the financial cost of prosecutions, hasten trial process, eliminate uncertainty of trials, enhance the quick return of stolen assets, and generally enhance the efficiency of the criminal justice system,” he said.
He stressed that the purpose of the Draft Guidelines is to promote standardization and consistency in Plea Bargain (including compounding of offences) by Federal Prosecutors as well as ensure that the principles of accountability, equity, integrity, and transparency are observed in reaching plea bargain agreements across board.
According to him, the Draft provides further support to the existing Code of Conduct and Prosecutorial Guidelines for Federal Prosecutors which generally regulate the conducts and actions of Federal Prosecutors in the exercise of their prosecutorial discretion.
“I am informed that the purpose of this roundtable is to obtain the input of stakeholders, particularly with regard to foreseeable challenges in the implementation of the Draft Guidelines, for my consideration in finalizing the document.
“This is indeed, a welcome development and a step towards fostering a healthy synergy amongst Federal Prosecutors for the overall benefit of the Criminal Justice System.
“I applaud and appreciate the dedication and commitment of the Administration of Criminal Justice Reform (ACJR) Department and other Experts who worked assiduously together to produce the Draft Guidelines.
“I trust that the recommendations from this roundtable will further enrich the contents and quality of the final document and hopefully, significantly enhance the capabilities of Federal Prosecutors in the implementation of Plea Bargain,” he stated.
