CJN Ban On Plea Bargain For Nigeria Graft

The Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, has banned the use of plea bargain and trial in Nigeria by public parade against suspected criminals and corrupt public office holders. This is coming at a critical time in the nation’s life, where the plea bargaining has smeared the judicial process and has ridiculed effort at securing justice.

While delivering a speech at this year’s 5th annual general conference of the Nigeria Bar Association, he said the two prosecutorial tools were not only alien to the nation’s statute, but also dangerous to its justice system. Specifically, he mentioned that they should never be mentioned in the country’s jurisprudence.

Plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, typically for a lesser charge for a reduced punishment/sentence. It is a prosecutorial tool that allows criminal defendants to avoid the risk of conviction at trial on the original more severe charge.

This has been wielded by the government and her agencies in impeding the prosecution of top public officials. Examples of its use were for former Inspector- General of Police, Mr. Tafa Balogun, and former Governor of Bayelsa State, Chief Diepreye Alamieyeseigha, who were convicted via this prosecutorial tool.

This tool remains controversial and has been deployed in the resolution of the multi-billion dollar Halliburton and Siemen scandals with the culprit left off the hook. It has been argued that this tool comes handy as a result of our weak legal system.

We are pleased with CJN’s resolve that it should never again be mentioned in our jurisprudence. This alien tool has its origins from the criminal justice system of United State and plays a critical role over there and should be left there for now; if it has to be used then we have to legislate and pass it into law with discreetness.

One Comment

1. 

   Mnduru

   November 20, 2011 at 2:16 pm

   In a situation where it takes over a decade to determine a corruption case against an accused person, wouldnt it be better if the accused pleads guilty and is convicted on a lesser offence and in addition, he voluntarily returns the loot to the public coffer?
   I think it is better to have a legislation that would allow that type of practice in our laws as it would save the country the expense attendant to prolong litigation without a certainty of conviction