Anambra deepens Criminal Justice Reforms with New Plea Bargain Directive

Uchenna Johnson
Awka
The Anambra State Attorney-General and Commissioner for Justice, Tobechukwu Nweke (SAN), has issued a new directive requiring prosecutors to formally offer eligible criminal defendants the opportunity to consider plea bargaining before arraignment or before a plea is taken in court.
The directive was issued on Wednesday and addressed to key prosecuting agencies, including the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), the Nigeria Security and Civil Defence Corps (NSCDC), and law officers in the Ministry of Justice.
The directive seeks to operationalize plea bargaining in line with the Administration of Criminal Justice Law of Anambra State, 2022.
Under the directive, prosecutors must issue every eligible defendant with a Plea Bargain Form before or at the time charges are served, or at any point before the defendant enters a plea. Prosecutors are also required to notify defendants that they have the option of seeking a plea bargain by completing the prescribed form.
The completed form is to be signed by the defendant and submitted to either the prosecutor or the Ministry of Justice.
A notable provision states that criminal charges initiated or prosecuted without first issuing the Plea Bargain Form “may be discontinued,” suggesting that compliance with the directive will become a procedural requirement in eligible cases.
The directive also provides that plea bargain agreements entered into by prosecutors must receive appropriate approval. Depending on the prosecuting agency involved, agreements must either be signed, countersigned, or approved in writing by the head of the legal department, while agreements involving Ministry of Justice prosecutors require the approval of the Attorney-General or an authorized representative.
The Anambra Attorney-General in the directive, however, excluded some of the most serious offences from the general procedure.
“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 is 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.
“This rare discretionary privilege is aimed at mainstreaming plea bargaining within Anambra State’s criminal justice system while establishing a uniform procedure for prosecutors handling eligible criminal cases.
“It is part of the ongoing efforts by the State Government to decongest the correctional centers and the courts and to align with the ongoing reform of the criminal justice sector in the State in line with the mandate of the Governor, Prof. Chukwuma Charles Soludo,” Nweke said.