Plea Bargain: Escape Route?

By

danwushishi@yahoo.com

“No law set out any modality for Plea bargaining it is not until Recent times that it became A Matter of public discussion” Hon. Justice Emmanuel Ayoola (RTD)

Since the exit of the military junta on may, 29, 1999, Nigeria is witnessing unprecedented Democratic development.  At least, we no longer witness the proscription of media firms nor indiscriminate arrest and detention of those opposed to military dictatorship.  No one dare talk about freedom of speech or freedom of information bill during the military era because; the constitution is the first victim through the constitutional suspension decree which allowed the khaki boys rule with impunity.

While we celebrate the successful civilian to civilian transition, the issue which remains fresh on the lips of conscious Nigerians is the principle of Plea Bargaining. The contention now is whether there is room for the operation of adoption of plea Bargain in Nigeria, or whether the rationale behind the adoption of plea bargain by EFCC is to device a clandestine escape route for some Ex- Governors accused of looting their state treasury.

No! Those that view plea Bargain as Escape route are very far from the truth.  While those that opined that the principle is alien to our society are equally wrong.  Because plea bargain is a global practice, and Nigeria being a signatory of several international conventions can not be left behind in the application of plea bargain rule.

Plea Bargain world over is known as the agreement between the prosecution and the Accused in a criminal case. Under this agreement, the accused person while enjoying the presumption of innocence accepts to plead guilty to lesser offence than the one originally charged.  The accused thus return his loot as per the case against him. he thus serve a lesser penalty.

Before the 19^th century, the plea bargain was occasionally used by prosecutors.  In 2002, one John walker Linda, a US citizen accused of being a Taliban soldier at the age of 21 pleaded guilty to the offence of conspiracy to murder US citizens, that offence could keep him in prison for life; the charge was however dropped for a lesser offence.

Salisu Buhari, the erstwhile speaker House of Representative also pleaded guilty in another plea bargain agreement and was released on the offence of perjury. The latest is the famous case of Chief DSP Alamieyesegha (Bayelsa state Ex- Gov.) who had 46 charges against him reduced to six charges.  In view of the plea Bargain, he was sentenced to 2 years imprisonment starting from the day he was detained. While his loots confiscated.

From these instances, chances are that a reader will say “This is just on escape route for the political class accused of looting the public treasury.  A convict, irrespective of his status requires a state pardon before he can contest or hold a public office. While the public see him as a corrupt person.

Agreed, plea Bargain should be sparingly used in view of the psyche of an average Nigeria. He often view issue with glaring bias to either Religion or Ethnicity. This is often my Disappointment as a Nigerian.

The Economic and Financial crimes Act, under section 14(2) allows the commission to confiscate sums of money not exceeding the amount of the maximum fine which the convict would have been liable if he had been convicted for the offence. We must appreciate the wordings of this section in relation to the hardened nature of some criminals, the investigator hardly get to the root of the Evidences.

Also, this section enables an ailing accused person an opportunity to avail him the trouble of undergoing long period of trials. He could also avoid the mandatory jail term while he suffers from his ailment.

Even the accused on awaiting trial list could breath the air of freedom when the changes his plea. He thereby gets a lesser punishment, he returns the property in contention and above all, he saves the times of the court. The prosecutor will not undergo the stress of inviting and taking numerous witnesses in court. At the end, the state gets its looted property with ease!

Finally, the plea Bargain is NOT an escape route for those one would wish they secure the mandatory jail term. Because it only reduces sentencing but does not eliminate conviction. After all plea bargain is closely related to the rule of compounding offence in the Penal code of Northern Nigeria where some offences are pardoned.

We should equally appreciate the fact that the 1999 constitution allows the grant of pardon to an accused; which is more grieve than plea Bargain. Similarly, when an accused enter an allocations after conviction but before sentence, he gets a lesser penalty. Just like the consideration of Allocation plea Bargain is subject to court Approval.