Anambra Introduces Plea Bargain Policy To Decongest Correctional Centres

The Anambra State Government has introduced a plea bargain policy for eligible criminal cases as part of measures to decongest correctional centres, reduce delays in court proceedings and improve justice delivery in the state.

The initiative, however, excludes defendants facing charges of murder, kidnapping, armed robbery and rape.

The state Attorney General and Commissioner for Justice, Tobechukwu Nweke, SAN, announced the policy in a statement issued on Wednesday in Awka, saying it was part of ongoing reforms in the justice sector under the administration of Governor Chukwuma Soludo.

According to Nweke, the reform is aimed at easing pressure on the courts and correctional facilities while strengthening the criminal justice system in line with the state government’s commitment to improving access to justice.

He directed all prosecutors in the state to issue prescribed plea bargain forms to defendants in eligible criminal cases before pleas are taken.

The directive, dated July 22, 2026, applies to offences created under the laws of the Anambra State House of Assembly, except cases involving rape, kidnapping, armed robbery and murder.

The Attorney General said the move was necessary to institutionalise plea bargaining in the state’s criminal justice system in accordance with Section 156 of the Administration of Criminal Justice Law of Anambra State, 2022.

The directive read in part: “Whereas, it has become necessary to operationalise and mainstream plea bargaining in the administration of criminal justice in Anambra State in furtherance of the provisions of Section 156 of the Administration of Criminal Justice Law of Anambra State, 2022.

“And in the exercise of the powers vested in the Attorney General of the State by Section 211 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 149 and 154 of the Administration of Criminal Justice Law of Anambra State, 2022, I, Tobechukwu Nweke, SAN, Honourable Attorney General and Commissioner for Justice, Anambra State, hereby issue the following Direction to all prosecutors in respect of offences created by the laws of the House of Assembly of Anambra State except those excluded hereinafter.”

Nweke stated that all defendants in criminal trials must be provided with plea bargain forms before or at the point of service of charges, or at any time before their plea is taken.

“All defendants in a criminal trial shall, before or at the point of service of the charge or information on them, or at any time thereafter but prior to the taking of plea, be issued with a Plea Bargain Form by the prosecuting counsel or officer, a copy of which is hereto attached.

“The prosecuting counsel or officer shall notify the defendant that he or she has an option to plea bargain by completing the said Form,” the directive stated.

The statement further explained that completed plea bargain forms must be signed by the defendant and submitted to the prosecutor or the Ministry of Justice.

It warned that any criminal charge filed or prosecuted without issuing the defendant a plea bargain form would be considered contrary to the directive and could be discontinued.

“Any charge or information initiated or prosecuted without issuance of the Plea Bargain Form to the defendant shall be deemed to have been brought contrary to this Direction and may be discontinued,” it added.

The Attorney General also stated that plea bargain agreements must receive proper approval before they become valid.

“All plea bargain agreements shall on the part of the Prosecution, except as otherwise directed by the Attorney General, either be signed, counter-signed or approved in writing by the head of the legal department of the prosecuting agency and in the case of law officers of the Ministry of Justice, by the Attorney General or any person authorised by him.”

The directive maintained that the policy would not apply to serious offences including rape, kidnapping, armed robbery and murder.

“Paragraphs 1-5 above shall not apply to the offences of rape, kidnapping, armed robbery and murder, and in any case, no plea bargain shall be entered into in respect of those offences without the express approval of the Attorney General,” it stated.

Plea bargaining allows a defendant to admit guilt to an offence in exchange for reduced charges, lighter sentencing or other concessions, subject to approval by the court.