The Nigerian Bar Association (NBA), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) have said plea bargaining and the option of fine should not be entertained in economic-related offences.
They spoke yesterday at a public hearing on a bill on the administration of criminal justice, organised by the House of Representatives’ Committee on Justice.
Mr. Paul Erokoro (SAN), who spoke for the NBA, supported the bill, which puts strict conditions on plea bargain.
He said extant convention, a situation where prosecutors enter into plea bargain without the Attorney-General’s (AG’s) permission, was abnormal.
Erokoro said: “It is dangerous to give such wide powers to the prosecutor. No plea bargain should be undertaken without the approval of the AG in writing.”
He said the NBA supports the provision of the bill that judges be insulated from the nitty-gritty of plea bargaining.
ICPC also supported the bill, declaring plea bargaining as evil.
The commission’s representative said: “Justice must be seen and heard as done. It is contrary to fair hearing when plea bargain is entered into between the counsel and the proceeding is not conducted in the open.
“If the judge agrees, then it is a nullity. Plea bargain should not be entertained in economic and financial matters.”
EFCC described plea bargain as “a child of necessity that has been widely misunderstood by Nigerians”.
Lagos State Director of Public Prosecution (DPP), who represented the state’s Attorney-General, said Lagos is cautious on the application of plea bargain.
On fines, a Federal High Court Judge, Justice Ibrahim Auta, suggested that corruption-related offenses should not have an option of fine.
He said: “When penalties are stiffened, the incidence of commission naturally comes down, but when they are relaxed, the opposite is the case. Corruption-related offences should not have any option of fine.
“Most of us still remember the cry that greeted the discretion a judge recently exercised by imposing a N750,000 fine on a culprit, who stole billions of naira.
“To most Nigerians, that sounded like a slap on the wrist, but if there was no option of fine, at least, seeing the offender cooling off in prison would have been psychologically therapeutic.”
House of Representatives’ Speaker Aminu Tambuwal said the country needs to pay more attention to its laws, particularly those on criminal justice administration.
Tambuwal said: “There is no gainsaying our criminal procedure has remained largely old and unresponsive to the demands of the populace for equity, substantial justice and human rights.
“Indeed, the system of administration of justice in this country has become the Achilles’ heel of the democratic system and a disincentive to economic development, commerce and free flow of investment.
“It is impossible to have a sound economy without a solid foundation of good laws that can curb anti-social behaviour and other disruptive tendencies.
“As we develop strategies for economic and other reforms, we also need to develop plans and programmes for creating sound laws and procedural systems consistent with our Legislative Agenda.
“These are part of the intangible but important infrastructure that would attract investors to come and do business with us. It is a great disservice to our country when our criminal justice system is perceived as inefficient and incapable of punishing wrong doing.”
“Such a system breeds economic backwardness, which is the major cause of poverty. However, with the administration of the Criminal Justice Bill, the country seems poised to move the system forward.”
The Chief Judge of Nigeria (CJN), Justice Miriam Alooma-Muktar, who was represented by Justice Kumai Akkas, said the bill, if passed into law, would facilitate the speedy and efficient administration of criminal justice in courts.
She said: “The problems besetting the procurement of justice in Nigeria are multifarious and multi-dimensional. They range from too many cases in courts to trial delays, denial of justice, inadequacy of judicial personnel, corruption, lack of modern management technology and absence of case management techniques.”
Chairman of the Committee Ali Ahmad said: “When passed, the bill will significantly improve our Criminal Justice System. It deals fundamentally with the delay in the dispensation of criminal justice.”
