By Oluwaleye Adedoyin Grace

The courtroom buzzed with tension as the prosecutor stood up to address the judge. The accused who is a well-known politician sat quietly, his lawyer by his side. For months, the case had dragged on, with the public eagerly awaiting justice for allegations of massive corruption. But today, something unexpected happened. The politician, after a brief huddle with his legal team, agreed to plead guilty to a lesser charge. The judge accepted the plea, and within 15 minutes, the case was closed. The politician walked away with a fine and a warning, while the public gallery erupted in murmurs of disbelief. But as the politician left the courthouse, many wondered: Was this a true victory for justice, or just another way for the powerful to escape accountability? The debate rages on: Is plea bargain a convenient tool for a clogged system, or is it a backdoor for corruption to slip past the scales of justice?

INTRODUCTION

Justice is the bedrock of any society, but its delivery is often fraught with complexity. As the nation struggles with an overburdened judicial system, legal innovations like plea bargain have emerged as double-edged swords: hailed by some as practical solutions to clogged dockets, and condemned by others as loopholes for the privileged. At its core, plea bargain raises profound questions about the balance between efficiency and equity. Is it a necessary tool for swift justice, or does it risk undermining the very principles it seeks to uphold? This article critically examines plea bargain in Nigeria; its origins, legal underpinnings, and the controversies that swirl around its use in high-profile corruption cases. By exploring both its advantages and the shadows it casts on public trust, we seek to unravel whether plea bargain truly serves justice, or if it has become a subtle form of justice compromised for convenience.

THE EMERGENCE OF PLEA BARGAIN IN NIGERIA

Plea bargain is not originally a Nigerian legal tradition. Its roots lie in the American legal system, where it became a common practice in the 18th century[i]. In Nigeria, the concept was largely unknown until the early 2000s, when the Economic and Financial Crimes Commission (EFCC) began using it to settle corruption cases[ii]. The most notable early examples include the cases of former Inspector-General of Police Tafa Balogun in 2005 and ex-Governor D.S.P. Alamieyeseigha, as well as Emmanuel Nwude in 2006[iii].

Before 2007, there was no formal legal framework for plea bargain in Nigeria. The practice was introduced informally, mainly by the EFCC, and later codified in the Administration of Criminal Justice Law of Lagos State 2007 (ACJL 2007)[iv] This law was later replaced by the Administration of Criminal Justice Repeal and Re-enactment Law of Lagos State 2011. At the federal level, the Administration of Criminal Justice Act (ACJA) 2015 officially recognized and regulated plea bargaining, defining it as a process where the defendant and prosecution agree on a mutually acceptable disposition of the case, subject to the court’s approval.[v]

Akeem Olajide Bello argues that plea bargain in Nigeria derives from the constitutional prosecutorial discretion of the Attorney General. He states that the power to plea bargain is conceivable within the general discretionary powers conferred by the Constitution. The Laws merely provide a framework for the exercise of these powers.

According to George Obong, the concept of plea bargain only gained applicability in Nigeria with the 2007 Administration of Criminal Justice Law (ACJL) and the 2015 Administration of Criminal Justice Act (ACJA)… The ACJA empowered prosecutors to initiate plea deals and mandated considerations like restitution and cooperation with investigations

WHAT IS PLEA BARGAIN?

Administration of Criminal Justice Act (ACJA) 2015

Under Section 494(1) of the ACJA, plea bargain is defined 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 for the higher charge, subject to the court’s approval”[vi]

EFCC Act

Section 14(2) of the EFCC Act allows the Commission to compound any offence punishable under the Act by accepting sums of money not exceeding the maximum fine for the offence, subject to the powers of the Attorney-General. This is a form of plea bargain specific to financial crimes[vii].

According to Paul Usoro & Co Resources, Plea bargain is generally defined as a negotiated agreement between the prosecutor and the defendant, whereby the defendant pleads guilty to a lesser offence or fewer charges in exchange for a more lenient sentence or dismissal of other charges[viii].

Plea bargain according to this writer is an agreement between the defendant and the prosecutor for the defendant to plead guilty to a particular charge so that the charges or sentence would be eliminated or made lighter. The defendant may plead guilty to a less serious charge or several charges in return for the withdrawal of other charges or to a lighter sentence. It is also known as plea agreement, plea negotiations, or plea discussions[ix]

 TYPES OF PLEA BARGAIN

Charge Bargaining: The defendant pleads guilty to a lesser charge.

Sentence Bargaining: often associated with the understanding that a harsher penalty will be avoided.

Count Bargaining: The defendant pleads guilty to fewer counts in a multi-count charge.

CONDITIONS FOR PLEA BARGAIN

  • The defendant must voluntarily consent.
  • There must be substantial evidence of the crime.
  • The prosecution and defense must agree on the terms.
  • The agreement must be presented to and approved by the court.
  • The court must be satisfied that the defendant understands the consequences of the plea.

NOTABLE NIGERIAN CASES WHERE PLEA BARGAIN WAS EMPHASIZED OR USED

Under the ACJA, plea bargain involves the defendant pleading guilty to a lesser charge in exchange for a lighter sentence. The agreement must be approved by the court, ensuring some level of oversight.  This process is intended to speed up trials, reduce court backlogs, and help the state recover stolen assets. Notable cases that involve plea bargain include:

  1. FRN v. Lucky Igbinedion (2008)

Background: Former Governor of Edo State, Lucky Igbinedion, was charged with 191 counts of corruption, money laundering, and embezzlement.

Plea Bargain: The charges were reduced to one count. He pleaded guilty, was ordered to refund N500 million, forfeit three properties, and sentenced to six months imprisonment or an option of a fine

  1. FRN v. Alamieyeseigha

Background: Diepreye Alamieyeseigha, former Governor of Bayelsa State, faced 25 counts of corruption.

Plea Bargain: The charges were reduced to three, to which he pleaded guilty. He was sentenced to six months imprisonment (to run concurrently) and ordered to return about N191 billion in assets and cash

  1. Tafa Balogun v. FRN

Background: Former Inspector General of Police, Tafa Balogun, was charged with 70 counts of money laundering and theft.

Plea Bargain: The charges were reduced to eight, to which he pleaded guilty. He was sentenced to six months on each count (to run concurrently) and fined

  1. FRN v. John Yakubu Yusuf (2013)

Background: Accused of embezzling N27.2 billion from the Police Pensions Fund.

Plea Bargain: Initially sentenced to two years imprisonment with an option of fine, later increased to six years by the Court of Appeal, but still considered lenient by public opinion.

These cases highlight how plea bargain has been used in Nigeria, especially in high-profile corruption and financial crime cases. The process is recognized for expediting justice but has been criticized for perceived leniency and lack of deterrence.

PLEA BARGAIN IN OTHER COUNTRIES

Plea bargain practices vary significantly across jurisdictions, reflecting diverse legal traditions and policy priorities.

In India, plea bargain was introduced in 2005 but excludes socio-economic crimes and offenses against women/children, with penalties capped at seven years’ imprisonment

Pakistan restricts its use primarily to anti-corruption cases under the National Accountability Ordinance, requiring defendants to return illicit gains and face disqualification from public office

Italy allows penalty negotiations but mandates judicial approval, with sentences limited to five years and no requirement for a guilty plea

Japan, which legalized plea bargain in 2018, permits it only for organized crime, antitrust violations, and financial crimes, as seen in cases involving corporate bribery.

Poland employs a “voluntary submission to penalty” system for minor felonies, requiring consent from the prosecutor, victim, and court.

Globally, legal origins influence adoption rates: Spanish and Socialist systems correlate with higher usage, while French/Scandinavian traditions and Muslim-majority populations show lower adoption.

ADVANTAGES OF PLEA BARGAIN

  1. Efficiency and Speed: Plea bargain helps clear the backlog of cases in Nigeria’s overburdened courts, making the justice system more efficient.
  2. Resource Savings: It saves time and money for both the state and defendants by avoiding lengthy trials.
  3. Asset Recovery: In corruption cases, plea bargain can lead to the recovery of stolen funds, as defendants may agree to return ill-gotten gains in exchange for leniency[x].
  4. Encourages Cooperation: Defendants may provide useful information or testify against others, aiding broader investigations.
  5. Both the prosecution and the defendant are spared the uncertainty of going to trial

DISADVANTAGES AND CRITICISMS

  1. Perceived Injustice: The public often sees plea bargain as a way for the rich and powerful to escape serious punishment, undermining confidence in the justice system.
  2. Lack of Deterrence: Light sentences may not deter others from committing similar crimes.
  3. Potential for Abuse: There is a risk that plea bargain
  4.  can be manipulated, with prosecutors or defendants using it for personal or political gain.
  5. Unequal Access: Not all defendants have equal access to plea bargain, especially if they cannot afford skilled legal representation.

CONVENIENCE FOR JUSTICE

  1. Efficiency and Cost-Saving: Many scholars argue that plea bargain is primarily a matter of convenience, enabling courts to manage overwhelming caseloads and reduce costs. By avoiding lengthy trials, both prosecutors and defendants save time and resources, making the criminal justice system more efficient. Plea bargains help courts manage heavy caseloads by resolving cases quickly, reducing backlogs, and saving time and resources for all parties involved[xi]
  2. Certainty: They provide defendants with predictable outcomes, often resulting in reduced sentences and sparing them from the risks and uncertainties of a trial[xii].
  3. Resource Management: The process allows the justice system to focus on more serious or complex cases, and it can spare victims and witnesses from the trauma of prolonged trials[xiii].
  4. Mutual Benefit: Some adopt the “Shadow-of-Trial Theory,” suggesting plea bargain is a contractual process where both parties negotiate for a favorable outcome. This approach sees plea bargain as a balancing act that benefits both the state and the defendant by avoiding the uncertainties and expenses of trial.[xiv]

CORRUPTION OF JUSTICE

  1. Risk of Coercion and power imbalance: Critics argue that plea bargain places defendants in a submissive position, with prosecutors wielding disproportionate power. This can pressure innocent defendants to plead guilty to avoid harsher sentences, undermining the integrity of the justice system[xv]
  2. Unequal Outcomes: The quality of legal representation and the discretion of prosecutors can lead to disparate results for similar cases, raising fairness concerns.
  3. Erosion of Rights: Plea bargain requires defendants to waive their right to a trial by jury, which can undermine constitutional protections and increase the risk of wrongful convictions.
  4. Potential for Abuse: If the justice system lacks integrity or transparency, plea bargain can be manipulated by prosecutors or judges for improper motives, further undermining public trust.
  5. Undermining Due Process: Scholars like Tina Wan assert that plea bargain allows the government to bypass rigorous standards of due process and proof, with prosecutors acting as judge and jury. This results in decisions that may have little to do with the true objectives of criminal justice[xvi].
  6. Public Trust and Elite Impunity: In Nigeria, scholars highlight that plea bargain in corruption cases often results in lenient sentences for the wealthy and politically connected, fostering public distrust and perceptions of impunity. It is criticized for weakening the fight against corruption and for failing to serve the interests of justice or the community.
  7. Moral and Ethical Challenges: The practice is questioned on moral grounds, as it may allow guilty parties to escape full punishment, thereby undermining the deterrent effect of the law and sending the message that justice can be bought.

DEBATES IN SCHOLARSHIP

Plea bargain has been cited as an aberration of justice with almost no utility in Nigeria at least in corruption cases. It cannot be said with vindictiveness that community interest was a cause for concern in these cases cited during the plea bargain. Plea bargain thus strips the community of its relevance as victim of corruption while ascribing the victim status to the state.

Critics claim that plea-bargain enacts an unfair ‘trial penalty’ on criminal defendants since plea-bargain defendants typically receive lighter sentences than they would receive if convicted at trial. Critics further charge that plea-bargaining provides cover for shoddy lawyering, and impairs accuracy in adjudicating guilt.

These debates show that while plea bargain is widely used for practical reasons, it remains deeply controversial, with scholars divided on its ethical and legal implications.

BALANCING CONVENIENCE AND JUSTICE

Plea bargain in Nigeria sits at the crossroads of convenience and corruption of justice. While it offers practical solutions to a struggling legal system, it also raises serious questions about fairness and accountability. The key challenge is to ensure that plea bargain is used transparently and fairly, with clear guidelines and robust judicial oversight

Balancing the scales between convenience and justice in plea bargain requires a thoughtful approach that addresses both efficiency and fairness. Here are key strategies supported by current legal scholarship and practice:

  1. Judicial Oversight: Judges should actively oversee plea bargain negotiations to ensure they are fair and voluntary, not coerced or manipulated
  2. Transparency: The process should be transparent, with clear documentation and open communication about the terms and implications of plea deals.
  3. Protection of Rights: Defendants must fully understand their rights and the consequences of accepting a plea bargain, with safeguards to prevent wrongful convictions.
  4. Equitable Application: Measures should be taken to ensure plea bargains are offered fairly across different socioeconomic, racial, and ethnic groups.
  5. Prosecutorial Accountability: Prosecutors should be held accountable for their discretion, with guidelines to prevent overcharging and undue pressure on defendants
  6. Opportunity for Appeal: Defendants should retain meaningful opportunities to appeal or challenge plea agreements if new evidence or procedural errors emerge
  7. Victim and Community Involvement: Victims and the community should be informed and, where appropriate, have a voice in the plea bargain process to ensure public confidence
  8. Balancing these elements helps maintain both the efficiency of the justice system and the integrity of its outcomes

CONCLUSION

Plea bargain is now an entrenched part of Nigeria’s criminal justice system. It has helped expedite trials and recover stolen funds, but it remains deeply controversial. Whether it is a necessary tool for efficiency or a loophole for the powerful depends on how it is implemented and perceived. For Nigeria, the debate over plea bargain is not just about legal procedure, it is about the very meaning of justice.

Nigeria should carefully examine how plea bargain operates in other countries and strive to learn from the best practices. By adopting proven legal safeguards, enhancing transparency, and ensuring judicial oversight as seen in jurisdictions like India, Pakistan and Poland; Nigeria can better equip its justice system to use plea bargain as a tool of convenience rather than a gateway for corruption.

Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State. 400level, oluwaleyeadedoyingrace@gmail.com 08106289069 or 08155618455

[i] Plea Bargaining Under Nigerian Law – Paul Usoro & Co Resources available at https://www.paulusoro.com/resources/plea-bargaining-under-nigerian-law/ accessed on 26th may, 2025

[ii] The Emergence of Plea Bargaining in Nigeria available at  https://ir.unilag.edu.ng/bitstreams/9ea4dd5b-69f9-4dae-b9a1-7880b540f4e8/download accessed on 26th may, 2025

[iii] Practice and procedure of plea bargain under ACJ Act available at  https://punchng.com/practice-procedure-plea-bargain-acj-act/ accessed on 26th may, 2025

[iv] The Emergence of Plea Bargaining in Nigeria  available at | 1 https://api-ir.unilag.edu.ng/server/api/core/bitstreams/9ea4dd5b-69f9-4dae-b9a1-7880b540f4e8/content accessed on 26th may, 2025

[v] Plea Bargaining in Nigeria’s Criminal Justice System available at – AWJAI https://awjai.org/plea-bargaining-in-nigerias-criminal-justice-system/ accessed on 27th may, 2025

[vi] [PDF] Plea Bargaining in Economic Crimes involving Companies in Nigeria available at https://bsum.edu.ng/journals/files/law/vol9/article3.pdf accessed on 27th may, 2025

[vii] Plea Bargain In The Administration Of Criminal Justice … available at https://juritrustcentre.org/index.php/reports-and-publications/in-brief/122-plea-bargain-in-the-administration-of-criminal-justice-laws-is-it-really-discriminatory accessed on 27th may, 2025

[viii] Plea Bargaining Under Nigerian Law – Paul Usoro & Co Resources available at  https://www.paulusoro.com/resources/plea-bargaining-under-nigerian-law/ accessed on 27th may, 2025

[ix] Aluboh, A.O. Plea Bargaining: History and Origin, Plea Bargain in Nigeria: Law and Practice, Epiphany Azinge, et al (eds), Manual of The Nigerian Institute of Advanced Legal Studies (2012) pp. 1 at 3.

[x] The Legality Of The Use Of Plea Bargain In The Nigeria Criminal Justice System available at https://www.mondaq.com/nigeria/white-collar-crime-anti-corruption-fraud/1479490/the-legality-of-the-use-of-plea-bargain-in-the-nigeria-criminal-justice-system accessed on 27th may, 2025

[xi] balancing neutrality and efficiency in plea-bargaining encounters available at   https://www.jstor.org/stable/42888661  accessed on 27th may, 2025

[xii] [Solved] Does the plea bargain process prioritize efficiency over justice – Introduction To Criminal Justice (CJS 201) – Studocu available at https://www.studocu.com/en-us/messages/question/10724094/does-the-plea-bargain-process-prioritize-efficiency-over-justiceare-defendants-pressured accessed on 26th may, 2025

[xiii] Plea Bargains: Pros and Cons You Should Consider – Walsh Law available at https://www.walshcriminaldefense.com/blog/2024/october/plea-bargains-pros-and-cons-you-should-consider/ accessed on 26th may, 2025

[xiv] [PDF] Plea Bargaining: A Practice of Convenience or a Line-Crossing available at https://www2.stetson.edu/advocacy-journal/wp-content/uploads/2018/05/Burns_2018.pdf accessed on 27th may, 2025

[xv] balancing neutrality and efficiency in plea-bargaining encounters available at https://journals.sagepub.com/doi/pdf/10.1177/0957926505048229 accessed on 26th may, 2025

[xvi] THE UNNECESSARY EVIL OF PLEA BARGAINING vailable at https://gould.usc.edu/students/journals/rlsj/issues/assets/docs/issue_17/07_Wan_Macro.pdf accessed on 27th may, 2025

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