The Edo State Attorney-General and Commissioner for Justice, Prof.Yinka Omoregbe, has released a Manual “to set out in general terms, principles which should guide the initiation, conduct and decision making of a prosecutor in respect of plea and sentence bargain.
It is intended to give general guidance on the factors to be taken into consideration when considering plea and sentence bargaining so that a fair, reasoned and consistent policy underlies the process.”
The Manual as seen by LEGALDESKNG is made pursuant to Section 211 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and section 270(17) of the Administration of Criminal Justice Law of Edo State and is also “designed to ensure that when decisions are to be considered or made about disposing of a case without trial, those decisions will have accountability, credibility, equity, integrity and transparency embedded in them.
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The Manual further “sets out the procedure to be followed when considering or making a decision to dispose of a criminal allegation through a Plea Bargain” but it “is not intended to, does not and may not be relied on to create any rights, substantive or procedural, enforceable at law by any party in any civil or criminal matter” neither does it “place any limitations on the prosecutorial discretionary powers of the Honourable Attorney General.”
