Abuja – Some Abuja-based lawyers have said that plea bargain is essential in justice delivery in the country’s legal system.
They told the News Agency of Nigeria (NAN) in separate interviews that it saves time, money and assures conviction.
One of the lawyers, Mrs Esther Uzoma, said that the law provided guidelines for considering plea bargain as an option, adding that people asked for it optionally.
Contributing, Mr Williams Emoni, said plea bargain helped government to recover looted funds.
According to him, if they are taken to court, they may be convicted and government will not be able to recover the stolen money.
“So, government now deemed it necessary that it is better we collect this money from these people than to send them to jail and lose the money.’’
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Emoni said even where a convict did not go to jail; the fact that such a person could not hold public office was adequate as deterrent and good for the country.
On her part, Ms Grace Ehusani, said that plea bargain would encourage more looters to confess to get lighter sentences.
Mr Austin Nwosu, told NAN that “plea bargain is like shortcut to justice and should not be abused.
“In as much as it leans towards recovery of looted funds, one should also bear in mind that the looted funds affect many people because such funds are meant for the welfare of the people.
“Yes, agreed the Administration of Criminal Justice Act, 2015, provides for plea bargain but those found guilty of massive looting should also be punished besides returning the looted funds.
“Every public officer or politician found guilty should be barred from holding an elective office for life,’’ Nwosu said.
Nwosu said that appropriate punishment would make people loot less and even change the political cloud positively.
Another lawyer, Mr Joel Ali, cautioned against its arbitrary use or abuse to rob it off its meaning, saying: “every crime has its prescribed punishment.
“It would be injustice when high level looting is played down by way of plea bargain, while smaller offences attract higher punishment.
“It should not be adopted arbitrarily, otherwise it will bring about high level corruption and the society will be worse off for it.
“If carefully implemented in the way and manner lay down by the Act, it will bring some measure of sanity and deterrence also,” Ali said.
Mr Echika Ejido and Mr Clem Martin, both lawyers, who applauded the concept, said “the implementation of it is another matter altogether.’’
Martin said, “you know that there is a Nigerian factor in virtually everything we do in this country, one only hopes it does not creep in.
“It should be managed in such a way that at least 90 per cent of the stolen funds are recovered. By so doing, it will no longer be profitable to loot.
“The other advantage it confers is that it will help to save scarce resources wasted by way of unsuccessful prosecution.’’
Another lawyer, Omotayo Olanrenwaju, told NAN that plea bargain should not just be for the rich, but should be applicable to petty crimes.
“If somebody steals a handset he should be asked to pay the phone that was stolen and his sentence should be lessen.
This, he said, would save the time of both party, including the judge from protracted court cases and waste of human power in the court. (NAN)
