CJN cautions judges, magistrates on plea bargaining

In from Olumide Olaoluwa …
The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has told judges and magistrates to exercise utmost restraint in handling plea bargain agreement brought before them by parties.
He also advised judicial officers to accord human face to criminal justice proceedings by considering other alternatives to custodial sentences in view of the inadequacies of the nation’s prison system.
Justice Mohammed spoke in Kaduna yesterday while addressing a group of judges and magistrates attending a sensitisation workshop on the Administration of Criminal Justice Act (ACJA), for judges and magistrates of the Federal Capital Territory (FCT).
The workshop was organised by the United Nations Office on Drugs and Crime (UNODC) with funding by the European Union (EU).
The CJN, who was represented by Justice Ibrahim Tanko, noted that the ACJ Act is the culmination of the long held desire to improve the administration of criminal justice and acquaint criminal procedures with global practices.
He added that the objectives of the Act, as found in Section 1 of the law, are to promote efficient management of criminal justice institutions, provide speedy dispensation of justice and protect the society from crime, while defending the rights and interest of the defendant and the victim.

Read also: Corruption: CJN sets standard for judges

He said: “Another important innovation, which I shall only mention, is plea bargaining. Suffice it to say that you must be very careful. And I repeat, you must be very careful in accepting a plea bargain agreement that is before you and ensure that its use is indeed judicious and not malicious.
“Similarly, I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons,” he said.
The National Judicial Commission (NJC) in April 2013 suspended Justice Abubakar Mahmud Talba of the FCT High Court for one year on the ground “that he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, Mr. John Yakubu Yusuf in the Police Pension case of FRN vs Esai Dangabar and five others.”
Justice Talba had, in his judgment in the case, awarded a fine of N750,000 as fine against Yusuf, who pleaded guilty to the theft of over N23billion.
Justice Talba, who has since resumed duties, was listed in the programme of event, as a discussant and participant at the workshop.

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