Fagbemi Unveils Plea Bargaining Guidelines, Lists Benefits

Alex Enumah in Abuja

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) yesterday in Abuja, unveiled the plea bargaining guidelines for federal prosecutors, 2023.

The guidelines are  part of innovation brought by the Administration of Criminal Justice Act (ACJA), 2015, aimed at enhancing justice delivery in the country.

Speaking at the unveiling ceremony cum maiden sensitisation workshop on the guidelines, Fagbemi pointed out that the effective deployment of plea bargain provisions will reduce the financial cost of prosecutions, hasten trial processes, eliminate uncertainty of trials, facilitate the quick return of stolen assets and generally enhance the efficiency of the criminal justice system.

“Drawing from the above interpretation, it is clear that the concept of plea bargaining is an important component of the administration of criminal justice system.

“Several benefits of plea bargaining come to mind. For example, 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.

“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”, he said.

The AGF lamented the misconception about the practice of plea bargaining in serious and complex cases, especially when the defendant is a politically exposed person or high net individual.

According to him people often misunderstood the practice as a means of giving soft landing to individuals who have looted the resources of the state and commonwealth of the nation.

“This negative perception was more common prior to 2015 when there was no specific statutory provision regulating the practice of plea bargaining.

“Today, this perception has not significantly changed notwithstanding the provisions of section 270 of the Administration of Criminal Justice Act, 2015 and similar provisions in the Administration of Criminal Justice Laws of the various States of the Federation which now provide for plea bargaining.

“This has necessitated the need for standard guidelines for the implementation of plea bargaining provisions contained in our laws.

“The objective of these guidelines is to, inter alia, 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.

“It is my conviction that these guidelines will not only enhance public confidence in plea bargaining process in Nigeria, but will reduce case backlog and congestion of correctional centres, and ensure that the principles of accountability, equity, integrity and transparency are observed in the exercise of prosecutorial discretion on plea bargain, in line with international best practices.

“Our conviction is that the guidelines which we are unveiling today will promote standardisation, 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,” he added.

While taking into consideration the advantages, Fagbemi appealed to state governments to adapt or adopt the provisions of the guidelines, especially when dealing with plea negotiation of federal offences.