A Lagos-based law firm, Tope Adebayo LP, has revealed that the concept of plea bargaining, although increasingly popular in Nigeria, lacks legal foundation in Nigerian federal laws and is only formally recognised in Lagos State.

In its report titled ‘The Legality of the Use of Plea Bargain in Nigeria’s Criminal Justice System’, the firm described plea bargaining as a negotiated agreement where a defendant pleads guilty to a lesser charge or forfeits assets in exchange for concessions from the prosecution.

The practice, the report noted, is primarily an American legal innovation now codified in U.S. federal and state criminal procedures, such as California’s detailed seven-page guide for plea agreements.

In Nigeria, plea bargaining has been predominantly utilised by the Economic and Financial Crimes Commission (EFCC) in high-profile corruption cases.

Its first application, as observed by The Guardian, was in 2005 during the trial of former Inspector-General of Police, Tafa Balogun.

Other notable cases include those involving former Bayelsa State Governor, Diepreye Alamieyeseigha, and former Edo State Governor, Lucky Igbinedion. These cases have fueled public debate, with critics arguing that plea bargaining disproportionately benefits the wealthy and powerful.

The legality of plea bargaining in Nigeria has also been contentious. Former Chief Justice of Nigeria, Justice Dahiru Musdapher, once described the practice as illegal. While this stance was challenged by notable figures such as Dr Chidi Anslem Odinkalu, Mazi Osigwe, and the Chairman of the EFC), Ibrahim Lamorde, their defences centred on the practice’s advantages rather than its legal foundation.

The report argues and emphasises that plea bargain agreements often fail to meet the evidentiary standards required by Section 135 of the Evidence Act and could, in some cases, infringe on fundamental rights.

It highlights statutory provisions like Section 180(1) of the Criminal Procedure Act, Section 14(2) of the EFCC Act, and Section 174 of the Nigerian Constitution, which have been interpreted to justify plea bargains. However, these provisions, the report states, do not explicitly support the practice.

The Administration of Criminal Justice Law (2007) of Lagos State, according to the law firm, remains the only Nigerian legislation explicitly addressing plea bargaining, outlining its rules and implementation.

The report, as noted by our correspondent, concludes that the lack of nationwide legal backing raises questions about the practice’s legitimacy and application across the country.