A research fellow of the National Judicial Institute (NJI) Abuja, Mrs Eseosa Okuku, has recommended plea bargaining as the best way of  recovering looted assets from public office holders and other Nigerians indicted for corrupt practices.

Delivering a lecture titled: “Understanding the Administration of Criminal Justice Act (ACJA) 2015” at a training organised for judiciary correspondents in Abuja, the lawyer said the system was better for Nigeria to adopt to be able to recover all assets and funds looted without stress.

The lawyer cited section 270 of the Act which empowers the prosecution mainly government to offer or accept a plea bargain from a person indicted for corruption with the consent of the victim, during or after the presentation of the evidence of the prosecution but before the presentation of the evidence of the accused person.

In entering into a plea bargain with indicted persons, she counselled that the government, being the prosecution, must ensure that the evidence against the defendant was insufficient to prove the offence charged beyond reasonable doubt while the defendant must also agree to return the proceeds of the crime or make restitution to the victim.

Besides, the NJI research fellow also urged government to always ensure that acceptance of plea bargain is in the best interest of justice, the public interest, public policy and the need to prevent abuse of legal process.

She lamented that most of the high profile corruption cases instituted against some public office holders had not achieved the desired results because of the technicalities in the law on corruption in the country.

“Most of the former governors charged with corruption as far back as 2007 are either roaming the streets freely or holding other elective offices.

“I believe if plea bargain had been adopted, the looted assets would have been fully or partially recovered from them,” She said.

“The Administration of Criminal Justice Act, 2015 is commendable for its innovative provisions aimed at reforming the criminal justice system and for addressing some of the fundamental issues militating against the efficient and speedy dispensation of criminal justice in Nigeria,” she added.

Source: Nigeria Tribune