Plea Bargain

It is even instructive to note that the concept of Plea Bargain become part of the Federal law only in 2015 when the National Assembly enacted the Administration of Criminal Justice Act in which in part 28 of that Act, Section 270 (7) made provision for plea bargain agreement which it even had emphasised that such agreement must be reduced into writing. Only Lagos State Government had earlier in 2011 enacted, Administration of Criminal Justice Law in which provision of Plea Bargain was made under Section 75 of that Law in which it also insisted in Section 76 (4) that agreement between the parties must be in writing and shall be agreed upon by the parties.

Plea bargain is just a recent phenomenon introduced into the administration of criminal justice in respect of Federal offences by the Administration of Criminal Justice Act, 2015. The Act, signed to law only on 13th May, 2015, does not have retroactive effect. It applies only to criminal trials for offences established by any Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja. See Sections 2(1) and 86 of the Act.

PML (NIGERIA)

If, as the appellant argues, that plea bargain, successfully proved, operates as autrefois convict under Section 36(9) of the 1999 Constitution, then the burden of proof falls heavily on the appellant to discharge. Section 36(9)& (10) of the Constitution provides –
36.(9) No person who shows that he has been tried any Court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior Court.
(10) No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.

PML (NIGERIA)