It has become quite rampant these days for corrupt politicians who steal large sums of money to simply refund a part of the money and maybe some assets and then are free to walk.

People who steal smaller amounts of money are often sent to prison while those who steal larger sums get away with a pat on the back just because they returned a fraction of what they stole.

It almost seems like the system is encouraging people to steal big (what is worth doing at all is worth doing well) so that in the event the person is arrested, all he has to do is return a fraction of what he stole.

Simply put, this is known as a plea bargain.

Plea bargain is an arrangement between the police/prosecutor and a defendant such that the defendant pleads guilty to a lesser charge in exchange for a softer sentence or so that the prosecutor will dismiss some charges or any other agreement reached by both parties. It is basically negotiations between a prosecutor and a defendant.

This has become quite popular in Nigeria as it has become the easiest way out for corrupt public officials. With plea bargaining, a case can be concluded without going to court. All plea bargains result in a conviction because the defendant has to admit that he is guilty of the charge(s) preferred against him and accept responsibility for the crime.

This usually favours both parties; the prosecutor gets a conviction and the defendant gets a lighter sentence or no sentence at all. In some instances, it is the prosecutor that proposes the plea bargain to save the time of the court and focus on other cases.

Before a person can be convicted of a criminal charge, the prosecutor has to prove beyond reasonable doubt that the person committed the crime. In a bid to avoid having to prove beyond reasonable doubt, some prosecutors will rather just go with a plea bargain. The accused person may however not be too eager to plead guilty without the benefit of a trial.

A plea bargain is supposed to be in the interest of the public, in the interest of justice and prevent abuse of legal process. It has however been argued that plea bargaining allows defendants to get off easily. Lots of people are of the opinion that plea bargain is foreign to our laws and very unfair.

Whatever the case is, the main essence of a plea bargain is for the defendant to get a lesser sentence. Plea bargain has some advantages:

1. It saves the time of the court so that not every case goes to trial.

2. It saves the time of the defendant, who does not have to spend time and money at trial and also gets a lesser punishment.

3. The prosecution also saves money and time that would have been spent on a lengthy trial.

4. Both the prosecution and the defendant are spared the cost of prosecuting and defending the case in court. They are also spared the uncertainty of going to trial.

However, plea bargain also has its disadvantages. There is the possibility that an innocent person will plead guilty to a crime he did not commit just to avoid the possibility of going to jail.

Also, it seems that it is only the wealthy people that get a better deal of a plea bargain. They can seemingly buy their way through and get on with their lives like no crime was committed. They become free men again and are left to enjoy the rest of their loot.

There are quite a number of politicians who have benefitted from plea bargains by forfeiting some of their assets and loots in order to avoid getting a stiffer sentence. This seems like just a pat on the back compared to the crime committed. And unfortunately, poorer people do not get to enjoy this end of a plea bargain.

Inasmuch as plea bargain has its benefits, it however seems like it supports corruption which makes a mockery of Nigeria’s judicial system. Wealthy thieves benefit from plea bargain while poor thieves or people with no connection or influence are made to face the full wrath of the law. This is very unfortunate especially when there are uncountable cases of people who have been sentenced to many years in prison for stealing much lesser sums of money.

Intending thieves are now encouraged to steal as much as they can so that they will get a better deal of the plea bargain by parting away with a part of the loot while they enjoy the rest without any disturbance.

Can plea bargain operate successfully in Nigeria? Some think that we are not yet ripe as a nation to practice plea bargain, that it may affect our democracy which is still maturing and also because it is not recognized by the constitution.

As much as plea bargain will help the criminal justice system, it must be applied judiciously so that the process is not abused. It is also helpful to know that the Nigerian government recently stated that there will be no option of plea bargain for anyone facing prosecution for corruption as well as terrorism and that anyone who engages in economic crimes should be ready to face the music. [url][/url]www.tylegal.com