Nigeria’s Justice Administration Is Fraught With Challenges — AGF, Malami

*Highlights benefits of plea-bargain

The Attorney General of the Federation (AGF) and Minister of
Justice, Abubakar Malami (SAN), on Tuesday said the justice system
in Nigeria is presently fraught with a lot of challenges that
prolong adjudication time and most times frustrate parties.

Malami, who spoke at the virtual roundtable to review the draft
guidelines on plea bargaining for Federal Prosecutors, said the
effective deployment of plea bargain provisions will reduce the
financial cost of prosecutions, hasten the trial process, eliminate
the uncertainty of trials, enhance the quick return of stolen
assets, and generally enhance the efficiency of the criminal
justice system.

The purpose of the draft guidelines is to promote
standardization and consistency in plea bargain (including the
compounding of offences) by federal prosecutors as well as ensure
that the principles of accountability, equity, integrity, and
transparency are observed in reaching plea bargain agreements
across the board.

The draft, he pointed out provides further support to the
existing code of conduct and prosecutorial guidelines for federal
prosecutors which generally regulate the conducts and actions of
federal prosecutors in the exercise of their prosecutorial
discretion.

He said the development of the draft guidelines is one of the
strategic interventions by his Ministry towards ensuring lasting
reforms in the Criminal Justice Sector in Nigeria.

The purpose of ACJA 2015, as detailed in section 1(1), he said,
is to guarantee that the system of administration of criminal
justice in Nigeria: promotes the efficient management of criminal
justice institutions; ensures speedy dispensation of justice,
protects the society from crime and protects the rights and
interests of the suspect, the defendant and the victim.

According to the minister, “one of the major innovations of ACJA
aimed at achieving these objectives is the introduction of plea
bargain which is defined in section 494(1) as the process in
criminal proceedings whereby the defendant and the prosecution work
out a mutually acceptable disposition of the case, including the
plea of the defendant 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.

“Section 270 of the ACJA (2015) provides the general legal
framework for the application of Plea Bargain. I believe that this
provision can also be effectively deployed to address the
compounding of offences that features in some statutes but without
any procedural detail to aid its application.

“This lacuna is responsible for abuses in the compounding of
offences which had strengthened the current public scepticism about
plea bargaining in general. In spite of the laudable provisions of
section 270 of the ACJA, there is no doubt that these provisions
are inadequate to guide the prosecutor and the defendant in
reaching a plea bargain that ensures the protection of public
interest, the interest of justice and prevents abuse of legal
process,” he added.

The draft, he said was developed by the ACJA Reform Department
in collaboration with the Rule of Law and Anti-Corruption Programme
(RoLAC) and other distinguished experts.

He said the purpose of the roundtable is to obtain the input of
stakeholders, particularly with regard to foreseeable challenges in
the implementation of the Draft Guidelines, for his consideration
in finalizing the document.

*Highlights benefits of plea-bargain

The Attorney General of the Federation (AGF) and Minister of
Justice, Abubakar Malami (SAN), on Tuesday said the justice system
in Nigeria is presently fraught with a lot of challenges that
prolong adjudication time and most times frustrate parties.

Malami, who spoke at the virtual roundtable to review the draft
guidelines on plea bargaining for Federal Prosecutors, said the
effective deployment of plea bargain provisions will reduce the
financial cost of prosecutions, hasten the trial process, eliminate
the uncertainty of trials, enhance the quick return of stolen
assets, and generally enhance the efficiency of the criminal
justice system.

The purpose of the draft guidelines is to promote
standardization and consistency in plea bargain (including the
compounding of offences) by federal prosecutors as well as ensure
that the principles of accountability, equity, integrity, and
transparency are observed in reaching plea bargain agreements
across the board.

The draft, he pointed out provides further support to the
existing code of conduct and prosecutorial guidelines for federal
prosecutors which generally regulate the conducts and actions of
federal prosecutors in the exercise of their prosecutorial
discretion.

He said the development of the draft guidelines is one of the
strategic interventions by his Ministry towards ensuring lasting
reforms in the Criminal Justice Sector in Nigeria.

The purpose of ACJA 2015, as detailed in section 1(1), he said,
is to guarantee that the system of administration of criminal
justice in Nigeria: promotes the efficient management of criminal
justice institutions; ensures speedy dispensation of justice,
protects the society from crime and protects the rights and
interests of the suspect, the defendant and the victim.

According to the minister, “one of the major innovations of ACJA
aimed at achieving these objectives is the introduction of plea
bargain which is defined in section 494(1) as the process in
criminal proceedings whereby the defendant and the prosecution work
out a mutually acceptable disposition of the case, including the
plea of the defendant 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.

“Section 270 of the ACJA (2015) provides the general legal
framework for the application of Plea Bargain. I believe that this
provision can also be effectively deployed to address the
compounding of offences that features in some statutes but without
any procedural detail to aid its application.

“This lacuna is responsible for abuses in the compounding of
offences which had strengthened the current public scepticism about
plea bargaining in general. In spite of the laudable provisions of
section 270 of the ACJA, there is no doubt that these provisions
are inadequate to guide the prosecutor and the defendant in
reaching a plea bargain that ensures the protection of public
interest, the interest of justice and prevents abuse of legal
process,” he added.

The draft, he said was developed by the ACJA Reform Department
in collaboration with the Rule of Law and Anti-Corruption Programme
(RoLAC) and other distinguished experts.

He said the purpose of the roundtable is to obtain the input of
stakeholders, particularly with regard to foreseeable challenges in
the implementation of the Draft Guidelines, for his consideration
in finalizing the document.