The Abuja Division of the Court of Appeal has declared that an appeal can be filed against the plea bargain judgement as against the provision of Section 270(18) of the Administration of Criminal Justice Act, 2015.

This was pursuant to the Judgement of the Court presided over by Hon. Justice Abdu Aboki, JCA which declared that Section 270(18) of the ACJA is unconstitutional.

Meanwhile, in the lead Judgment of Hon. Justice Emmanuel Agim, JCA which was made available to TheNigeriaLawyer (TNL), the Court held:

“I agree with the submission of learned counsel for the appellant that Section 270(18) of Administration of Criminal Justice Act takes away the right to appeal given by Section 241(1)(a) and (b) of the 1999 Constitution to the appellant to appeal as of right against the judgment convicting him consequent upon a plea agreement being a final decision in criminal proceedings before the trial high court sitting at first instance.

“By providing that no appeal shall lie in any court against such judgment except where fraud is alleged, Section 270 (18)of the Administration of Criminal Justice Act also ousts the general power vested in this court by Section 240 of the 1999 Constitution to hear and determine appeals from the trial court.”

It would be recalled that the appellant, one Chinaka Promise, was on 15th day of August, 2019 convicted and sentenced by Hon. Justice Muawiyah Idris of FCT High Court to four years imprisonment in contravention of an earlier plea bargain agreement he struck with the Economic and Financial Crimes Commission (EFCC)

The Judgement of the Court of Appeal is contained in appeal number: CA/A/767c/2019.

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