There is no doubting the original intendment of plea bargaining, as part of the mechanism for the administration of justice. In addition to a range of other factors, it helps prosecutors in a variety of ways to get at the root of crime. It helps to identify those ‘most responsible’ for heinous crimes, by inducing lesser accused persons to ‘snitch’ at the ‘big fish’; or, for the big fishes to break ranks and come clean with the level of their involvement in a crime. This way, large criminal rings, gangsters, the leading light of organised crime; and crimes of an endemic nature can be bursted, and those accused and successfully prosecuted are put behind bars for good. Unfortunately, in Nigeria, with organised crime like corruption – whether state and/or private sector led, or a combination of both like the Halliburton case – which is very secretive and goes right to the very top of organisations and government.
It is becoming increasingly difficult to shift when that balance is struck between when to accept plea bargaining by an accused person, and when to ensure that justice is done on behalf of society regardless. Prosecutorial powers in Nigeria lies in a number of agencies and statutory bodies, unlike in the United Kingdom where they rest squarely with the Crown Prosecution Service. This multiplicity and layers of bodies with prosecutorial powers, in a sense impacts the quality of evidence gathering; the decision to prosecute or not to prosecute; the quality, reach and extant powers of these bodies to deal with specific cases. However, only the Attorney General of the Federation have sole discretionary powers to enter a nolle prosequi. This is rarely ever exercised. And to be fair, when he does, the decision is more political than legal.
The level of corruption in Nigeria is alarming and way beyond tolerable limits, even by Transparency International standards. The recent initiative by the Economic and Financial Crimes Commission (EFCC) – the ‘apex’ corruption body – to give legal muscle to its powers to prosecute, decline to and accept plea bargaining, and on what terms should be commended. The National Assembly must make this an urgent national matter and deal with the legislation timeously. Nigerians are unanimous that corruption is one single enemy of Nigeria. Getting this legislation to pass through parliament is one sure way of combating it, to avoid the sort of miscarriage of justice where accused persons put on the dock for the theft of tens of millions of dollars, end up plea bargaining and making paltry sums of money in exchange, whilst getting away with their loot. For prosecutors to continue to allow this is to happen, is clearly prosecutorial misconduct. Read report about this here http://www.tribune.com.ng/sat/index.php/politics-today/7036-plea-bargain-and-corruption.html
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