You probably know that Nigeria has an Act that offers people who looted the nation’s money an opportunity to bargain and probably get an amicable agreement. Well, there is more to that Act than you may have thought.
In fact, the law is highly misunderstood by the average Nigerian.
Interestingly, the Minister of Justice, Lateef Fagbemi, knows so too. He has a better understanding of the concept and he shared what you should know here. 
The Minister is a senior advocate in Nigeria. So, he understands the place of asking a ‘thief’ to come and bargain.
He says plea bargain enhances the quick recovery of stolen assets and proceeds of crime.
Fagbemi made his points during the unveiling of the ‘Plea Bargaining Guidelines for Federal Prosecutors, 2023 and the maiden sensitisation workshop on the Guidelines on Tuesday in Abuja.
“Under section 494(1) of the Administration of Criminal Justice Act (ACJA), 2015, Plea Bargain is well described as the process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case.
“This includes the defendant’s plea 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.
See Also: Aging, Insulation Failure Causes Fire Explosion At TCN Substation
“It is also one of the mechanisms that can facilitate cost-effective, timely and sustainable decongestion of Custodial Centers”.
Indeed, people used ti sY that the table of the Nigerian courts are in ‘disarray’, with many cases going as far as years ago.
No country grows where justice is not served when the wound is still fresh.
Plea Bargains Misunderstood
But the Minister of Justice, however, noted that the practice of plea bargaining in serious and complex cases especially when the defendant is a politically exposed person or high net individual, is often misunderstood as a means of giving a soft landing to individuals who have looted the resources of the State and commonwealth of the nation.
“This negative perception was more common before 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 implementing plea bargaining provisions contained in our laws,” he explained.
Furthermore, he said the objective of these guidelines is to, among other things, guide the prosecution and the defence.
According to him, it will help them 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.
