The Anambra State Attorney-General and Commissioner for Justice, Tobechukwu Nweke (SAN), has directed prosecutors across the state to formally offer eligible criminal suspects the option of plea bargaining before they are arraigned or before their pleas are taken in court.
The directive, issued on Wednesday, was addressed to major prosecuting agencies, including the Nigeria Police Force, the Economic and Financial Crimes Commission, the Nigeria Security and Civil Defence Corps, and law officers in the state Ministry of Justice.
According to the directive, the move is aimed at fully implementing the plea bargain provisions contained in the Administration of Criminal Justice Law of Anambra State, 2022.
It mandates prosecutors to issue a Plea Bargain Form to every eligible defendant either before or at the time charges are served, or at any stage before the defendant enters a plea. Prosecutors must also inform defendants of their right to explore a plea bargain by completing the prescribed form.
The completed form is to be signed by the defendant and submitted to either the prosecuting authority or the Ministry of Justice.
The directive warns that criminal proceedings commenced without first offering an eligible defendant the Plea Bargain Form may be discontinued, making compliance a mandatory procedural step in qualifying cases.
It further stipulates that all plea bargain agreements must receive the necessary approvals. Depending on the prosecuting agency, such agreements must be signed, countersigned or approved in writing by the head of the legal department, while agreements handled by Ministry of Justice prosecutors require the approval of the Attorney-General or an authorised representative.
However, Nweke exempted certain grave offences from the general plea bargain procedure.
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“The provisions do not automatically apply to cases involving rape, kidnapping, armed robbery and murder. Any plea bargain relating to those offences would require the express approval of the Attorney-General,” the directive stated.
Nweke said the directive was issued pursuant to Section 211 of the Constitution of the Federal Republic of Nigeria, as amended, and Sections 149, 154 and 156 of the Administration of Criminal Justice Law of Anambra State, 2022.
He explained that the measure is intended to institutionalise plea bargaining within the state’s criminal justice system by providing a uniform procedure for prosecutors handling eligible criminal matters.
According to him, the initiative forms part of the Soludo administration’s ongoing criminal justice reforms aimed at reducing congestion in correctional facilities and easing the burden on the courts.
“It is part of the ongoing efforts by the State Government to decongest the correctional centres and the courts and to align with the ongoing reform of the criminal justice sector in the state in line with the mandate of Governor Prof. Chukwuma Charles Soludo,” Nweke said.
