Since the emergence of Governor Willie Obiano as the governor of Anambra State, Ndi Anambra has experienced total transformation in every sector of the state. Gov. Obiano has written a fascinating piece of history for himself and Ndi Anambra. He has changed both the landscape and the mindscape of the state with his compelling vision. His vision for Anambra State no doubt needs the safe hands of the judiciary to come to reality.
That explains why emphasis has been on the building of a structural and policy framework that would make for a better judiciary and a stronger Anambra State. He made a comprehensive reform on the judiciary, to make it more responsible vis-a-vis being the last hope of the common man. In addition to his unprecedented records in the judiciary, the governor has recently introduced the plea bargain option to facilitate the delivery of justice in the state. It’s only Lagos State, amongst the 36 states that had before now, embraced the practice of plea bargaining. Now, Anambra being the second state has fashioned every necessary modalities to ensure the speedy implementation of this new policy. The official inauguration of the plea bargain system took place in Awka, where the Commissioner for Justice and Attorney General of Anambra State, Uju Nwogu provided an in-depth analysis of the practice and how it’s expected to work. The inauguration was done in partnership with the Rule of Law and Anti-Corruption (RoLAC).
The commissioner, speaking at the inauguration, explained that the plea bargain system had been enshrined in the law, adding however, that Anambra wants to expand the frontiers of justice to add life and provide the necessary framework for its effective and efficient implementation and operation. According to Nwogu, plea bargain was introduced into the nation’s law books under Section 167 of the Administration of Criminal Justice Law of Anambra State, 2010. He observed that this provision had remained a sort of dead letter within the pages of law until now, as there is no record whatsoever of that provision having been introduced or implemented at any time before now. “Plea Bargain in a layman’s definition can be bargaining or hanging by the defendant in a criminal trial who applies to the prosecutorial authorities (i.e attorney general) showing his willingness to plead guilty to a particular offence (whether by the facts of the case), in exchange for a lesser or more lenient punishment being entered in his favour.
The agreement reached through such process of negotiation is known as plea bargain agreement and may be executed by the parties thereto and filed in court. “The court may adopt the agreement and enter the punishment prescribed therein as its judgement or maybe just some and inform the parties of the reasons for such rejection. In that latter circumstance, the defendant may elect to repudiate and opt out of the agreement or accept the varied terms proposed by the court and submit a judgement based on the varied agreement. The practice of plea bargain has since been entrenched in the judicial systems of the USA, U.K, Indian, Canada, Singapore, Pakistan and other Commonwealth countries.
“It is therefore a laudable thing that Nigeria has embraced this practice in line with evolving global trends. Anambra State is the second state next to Lagos in the country to legislate on plea bargain. Regrettably, why the federal government which enacted the ACJA in 2015 provided for plea bargain almost five years after our state did, has implemented this plea bargain in several known cases, yet we are yet to record a simple incident of its implementation in the state.
We have therefore resolved to ensure that the plea bargain becomes fully operational in our state henceforth,” the commissioner stated. Also speaking, the state Project Coordinator of the Rule of Law and Anti-corruption (RoLAC) Programme, Mrs. Josephine Ona, commended the state government for providing the enabling environment that has resulted in the partnership on reforming the judicial system in the state. She said: “We are here to support the state Ministry of Justice to implement a provision of the Administration of Criminal Justice Law which is Section 167 that is on plea bargain. The idea of the plea bargain is for the defendants in any case that has been charged to court to have the liberty if they are qualified, to plead for a lesser offence than what they have committed. “We rely on the state apparatus, which is the attorney general to ensure sustainability and proper implementation. We have supported the mechanisms and put the structures and all it takes to function effectively. So with the committee set up by the attorney general which has started the sensitization process of the components is quite critical. The key objective is to bring criminal justice to the doorsteps in every state, reducing the docket of cases in our various courts and help the administration of criminal justice. It will enable criminals or defenders to have access to free justice.”
The Comptroller of Correctional Services Anambra State Command, Mr. Pat Chukwuemeka, said “we are in the era of alternate sanctions and that means you don’t have to send everybody to a correctional center for every offence or every crime. I am happy that the Anambra State Government and RoLAC have come up with the plea bargain option. It will help defendants to have a new way in resolving the matter before our courts, without having to spend all their lives or greater part of their lives in a correctional center. It will go a long way in helping to decongest the nation’s correctional centers.” A guest speaker at the event, who is the Director, Special Project and Alternative Dispute Resolution of the Nnamdi Azikiwe University, Awka, Prof. Ken Nwogu, opined that “plea bargain is really a new concept in the administration of criminal justice. The essence of plea bargain is where an accused person or a defendant is alleged to have committed an offence and is taken to court, and he admits or what in criminal law we say confesses to having committed the crime.
“So, the essence of plea bargain is if he confesses, then the prosecution is bound under the principle of plea bargain to accept the confession and reduce the terms of punishment so that he can save the agony of trial, and save the victim. Because if he consents to having committed that crime, he has to make what we call restitution in law. Assuming he stole a car, he will bring back the car and it will be returned to the victim, and the essence of the hullabaloo of trial is reduced. So, it kind of hastens criminal justice trials.” All said and done, after the inauguration, it was further gathered that the state government had mapped out a plea bargain week to further sensitize the public on its advantages in resolving disputes.