The Anambra State Government has launched a plea bargain programme designed to speed up criminal trials and reduce the growing number of inmates in correctional centres.
The policy does not cover serious offences such as murder, kidnapping, armed robbery and rape, except where the Attorney General gives express approval.
The initiative was announced by the state’s Attorney General and Commissioner for Justice, Tobechukwu Nweke, in a statement released in Awka.
According to him, the programme is part of wider judicial reforms introduced by the Soludo administration to improve the criminal justice system, ease the workload of the courts and tackle congestion in correctional facilities.
Under the new arrangement, prosecutors are required to offer eligible defendants a plea bargain form before they take their plea in court. The directive covers offences created under Anambra State laws, except those specifically exempted.
**“Whereas, it has become necessary to operationalise and mainstream plea bargaining in the administration of criminal justice in Anambra State in furtherance of the provisions of Section 156 of the Administration of Criminal Justice Law of Anambra State, 2022.
“And in the exercise of the powers vested in the Attorney General of the State by Section 211 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 149 and 154 of the Administration of Criminal Justice Law of Anambra State, 2022, I, Tobechukwu Nweke, SAN, Honourable Attorney General and Commissioner for Justice, Anambra State, hereby issue the following Direction to all prosecutors in respect of offences created by the laws of the House of Assembly of Anambra State except those excluded hereinafter:
“All defendants in a criminal trial shall, before or at the point of service of the charge or information on them, or at any time thereafter but prior to the taking of plea, be issued with a Plea Bargain Form by the prosecuting counsel or officer, a copy of which is hereto attached.
“The prosecuting counsel or officer shall notify the defendant that he or she has an option to plea bargain by completing the said Form.”**
The directive also states that completed forms must be returned to the prosecutor or Ministry of Justice and warns that any prosecution commenced without first issuing the plea bargain form may be discontinued.
It further provides that all plea bargain agreements must receive the necessary approval from the appropriate legal authorities before they can take effect.
**“The Form when filled, shall be signed by the defendant and submitted to the Prosecutor or Ministry of Justice.
“Any charge or information initiated or prosecuted without issuance of the Plea Bargain Form to the defendant shall be deemed to have been brought contrary to this Direction and may be discontinued.
“All plea bargain agreements shall on the part of the Prosecution, except as otherwise directed by the Attorney General, either be signed, counter-signed or approved in writing by the head of the legal department of the prosecuting agency and in the case of law officers of the Ministry of Justice, by the Attorney General or any person authorized by him.
“Paragraphs 1-5 above shall not apply to the offences of rape, kidnapping, armed robbery and murder, and in any case, no plea bargain shall be entered into in respect of those offences without the express approval of the Attorney General.”**
A plea bargain allows an accused person to plead guilty to an offence in exchange for a lighter punishment or other agreed terms, subject to the court’s approval.