Why Fed Govt is promoting pleabargain in criminal cases, by Fagbemi.

Why Fed Govt is promoting pleabargain in criminal cases, by Fagbemi.

The Attorney General of the Federation (AGF) and Justice Minister Lateef Fagbemi has explained why the Federal Government is encouraging the use of plea bargaining in resolving criminal cases.

The AGF said the option, provided for in the Administration of Criminal Justice Act (ACJA), 2015 and similar laws enacted by the various states, is intended to curb delays, reduce cost of prosecution and address congestion in prisons.

Fagbemi spoke yesterday in Abuja at the unveiling of Plea Bargaining Guidelines for Federal Prosecutors 2023 and a sensitisation workshop on the guidelines for judges, prosecutors and other stakeholders.

He said there were misgivings among Nigerians about the benefits of plea bargaining, arguing that its merits outweigh the presumed demerits.

The AGF 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”.

Fagbemi added: “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.”

The AGF explained that the negative perception often associated with the application of plea bargaining in serious and complex cases had made it imperative for the country to have a “standard guidelines for the implementation of plea bargaining provisions contained in our laws”.

He added that objective of the guidelines was 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”.

Fagbemi added: “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.”