Plea Bargaining

Black’s law dictionary defined plea bargain as “a  negotiated agreement between a prosecutor and a criminal defendant who pleads guilty to a lesser  offence or to one or more multiple  charges in exchange  for some  concession by the prosecutor,  usually a more lenient sentence or a dismissal of other charges”.
Plea bargaining can conclude a  criminal  case without a trial. When it is successful, plea bargaining  results in a plea agreement between the prosecutor  and the defendant. In this  agreement, the defendant agrees to plead guilty  without  a trial, and in return  the  prosecutor agrees to dismiss  certain charges or make favourable  sentence  recommendation in the court. Plea bargaining is expressly authorised  in section  270 of the new Administration of criminal justice Act 2015.
Plea bargain is a mockery  to the administration of criminal  justice in Nigeria. In the words of Prof G. S. Pande  “Punishment  for an offence  must be according  to the gravity  of the offence,  personality  of the offender,  the nature of his guilt and other relevant circumstances. It need not be retributive alone. Reform and rehabilitation of the criminal,  wherever  feasible  without unduly  endangering the social  life, is necessary,  but for  offences  which pose a real threat to the normal life in the society  and which  are of  cruel nature,  detriment punishment  must be awarded. If  punishment is inadequate, there is every  likelihood of repitation”.  True to the accretion  of Prof. Pande since  the application of inadequate punishment for criminal  cases, the loot of public funds is in the increase.
One of the cases where the concept of plea bargain  was adopted was that of the former, MD/CEO of  Oceanic Bank Plc (now Ecobank) in person of Mrs Cecilia Ibru,  who was  charged for money  laundering,  embezzlement and financial  recklessness and after she  pleaded guilty to bargaining arrangement. Justice  Pan Abutu  sitting at the Federal  High Court Lagos state only sentenced her to a jail term of 18 months, six months on each illegally acquiring  cash and assets worth N191 billion.
It is my candid opinion  that the concept of plea bargain cannot promote true criminal Justice in our legal system. It is beneficial to only prominent  persons. If we must keep promoting this concept, then it should  apply in all criminal offences not  just cases of loot. What  is good for the goose is good for the gander they say.

Nkechi Bright Ewere