I saw this plea bargaining issue and I remember Yomi asked me about it..
It is robustly defined here for you, although I don't think it is advisable to use it in Niger..
Too many rogues in the system,whoever takes the lead to implement the plea might not be trained, understands it, equally might be there to enrich themselves..
I also believe the defendant opting out to use plea bargaining might not disclose the full fact of his crimes, this also means his assets will not be in full glaze of the authorities...
Unworkable in my view..
Read on
Criminal Justice System: Is Plea Bargain Desirable?
The controversy trailing the concept of Plea-bargain in the nation's criminal justice system is not likely to end soon. Those who are kicking against it claim that it is unknown to our legal system. However, those in support of it insist it has always been with us. But what exactly is it all about?
According to the Black's Law Dictionary, plea bargain is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval.
It involves the defendant entering guilty plea to a lesser offence or to only one or some of the counts of a multi-count indictment, in return for a lighter sentence than that possible for the graver charge.
Specifically, there are three kinds of plea bargain: the 'Charge Bargain' which entails the prosecutor allowing the accused to plead guilty to a lesser charge or to some of the charges preferred against him or her, which typically occur or negotiated at the pre-trial phase.
A 'Sentence Bargain' is offered when the defendant is told in advance what the sentence will be if he or she pleads guilty.
The third but rare type is 'Fact Bargain' which involves the defendant admitting to certain facts in return for agreement for the prosecutor not to introduce certain facts into evidence before the trial court.
Nevertheless, in the Nigerian milieu, though plea bargaining is not expressly recognized in our criminal justice system, however, what was hitherto practiced by the Economic and Financial Crimes Commission, EFCC, is a process wherein the accused person changes his plea of 'not guilty' to 'guilty' after which the prosecution offers such person some concession by way of amending his charge.
Though it was white collar crime that brought the concept of plea bargaining into our public consciousness, controversy has continued to trail its origin and applicability vis-Ã-vis the administration of justice in the country.
One of the vocal voices against the plea bargain system is the Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, who had on November 14, last year, described plea bargain as "a novel concept of dubious origin."
The debate resurrected again on Monday, as the CJN, in a paper he presented at a 2-days capacity building workshop for judicial correspondents in Abuja, maintained that the concept was "never part of the history of our legal system- at least until it was surreptitiously smuggled into our statutory laws with the creation of the Economic and Financial Crimes Commission, EFCC."
Justice Musdapher stated this on a day both the Nigerian Bar Association, NBA, and the National Human Rights Commission, NHRC, challenged his viewpoint on the issue, saying his "claim that the plea-bargain system was unknown to the Nigerian law did not fairly reflect the state of the law."
Justifying his decision to abolish the system which he said was obnoxious, the CJN argued: "when I described the concept as of 'dubious origin', I was not referring to the original raison-d'être or the juridical motive behind its conception way back either in the United States or England in the early 19th Century, I was referring to the sneaky motive-if not behind its introduction into our legal system, then evidently in its fraudulent application.
"You will learn that plea bargain is not only "condemnation without adjudication" as John Langbien decried it, it is as some other critics say) "a triumph of administrative and organizational interests over justice."
"At its very best it penalizes the innocent who may be tempted to plead guilty to avoid being actuated by judicial default and at its most obnoxious extent it grants 'undue leniency' as reward to criminals simply for pleading their guilt.
"You will see also that plea bargain is not only a flagrant subordination of the public's interest to the interest of 'criminal justice administration', but worst of all, the concept generally promotes a cynical view of the entire legal system.
"I have said that our wavering disposition on the ethical standards set by your noble profession guarantees or jeopardizes our peace, security and progress. And it is the reason that I have chosen this occasion to speak-with all sense of solemnity-on a matter that has continued to eat away at even the modest gains that we seem to be making in reforming both the infrastructure and the overall judicial template of the Nigerian Judiciary."
The CJN was immediately countered by the Chairman Governing Council of the NHRC, Dr Chidi Anslem Odinkalu, who contended that "the claim that the plea bargain was never part of any Nigerian law until 2004 when the EFCC was established is rather dubious."
Odinkalu said: "Section 180(1) of the Criminal Procedure Act provided that when more than one charge is made against a person and a conviction has been had on one or more of them, the prosecutor may, with the consent of the court, withdraw the remaining charge or charges or the court on its own motion, may stay trial of such charge or charges.
"This clearly provides legal bases for a plea bargain in Nigeria well before the EFCC Act in 2004. The purpose of plea bargain under the EFCC Act is mostly asset recovery. The Criminal Procedure Act and Section 13(2) of the EFCC Act are not the only laws in Nigeria that provide for the plea bargain. Section 76 of the Criminal Justice Law of Lagos state, 2007, extensively regulates the use of plea bargain in courts in Lagos.
"When the Honorable Chief Justice, therefore, appeared to claim that the plea bargain was unknown to the Nigerian law, that view did not fairly reflect the state of the law. If the CJN or any judge wants to strike it down, they should do so when the next bargain comes before them in court for certification. At least, in such a case, they will receive the benefit of arguments and will make an informed decision.
"There are good policy reasons for the plea bargain: no criminal justice system can dispose of all crimes committed within its purview. The concept can assist in ensuring the disposal of criminal cases and management of criminal case . It can minimize delay in case and can ensure conviction or accountability in cases that could easily be lost or mired in delay or attrition. As a safeguard, a bargain is always subject to judicial approval.
"This is not to say that the plea bargain is or has been used properly in Nigeria. It has not been so. For a practice that is clearly amenable to abuse, there is need for clear policy on its use and deployment.
"If the CJN is serious in his complaint about the plea bargain, there is something he can do: he can lead a review of judicial doctrine and practice which causes interminable delays in the legal and criminal process. The first of such things to eliminate is the interlocutory appeal." he added.
His viewpoint was equally shared by Chairman of the NBA Abuja chapter, Mazi Osita Osigwe, who further stressed need for the CJN to galvanize the Body of Attorney Generals to provide judicial policy guidelines on the administration of plea bargain in the country.
Meantime, in an effort to justify why it embraced the plea bargain option, the EFCC Chairman, Ibrahim Lamorde who was also a special guest at the event, said the concept helped the commission to successfully prosecute high profile cases including conviction of former governor of Bayelsa and Edo states, Dieprieye Alamiesieigha and Lucky Igbinedion, former IGP, Tafa Balogun and erstwhile C.E.O of Oceanic Bank Plc, Mrs. Cecilia Ibru.
Lamorde who was represented by the EFCC Director of Legal Unit, Mrs. Elizabeth Ayodele, stressed that the plea bargain concept permits quick resolution of criminal proceedings, saying it helped the anti-graft agency to overcome the challenges of unnecessary delays and the uncertainties of trials and appeals.
He noted that the EFCC is empowered under Section 14 [2] of its Act, to " compound any offence punishable under the Act by accepting such sum of money as it thinks fit not exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence."
According to him, "any discussion about the desirability of the plea bargaining system must scrutinize the roles of prosecutors, defence counsel, and judges. The administration of criminal justice system in Nigeria has been plagued with a number of problems.
"These problems include delays in the administration of justice, inadequate judicial infrastructure to enhance speedy determination of cases, high crime rate, overburdened prosecutors with heavy caseloads, and unavailability of funds to provide the support services required to ensure a smooth administration of criminal justice.
"it is worthy to note that there is a draft Plea Bargain Provision of the Nigerian Administration of Criminal Justice Bill at the National Assembly", he added.
Despite the ongoing furore over the origin of the plea bargaining system in Nigeria, the pertinent question however remains, can we really say that the concept has been helpful or harmful?
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