Written by: Henry Barnabas Ehi, MICA,
Partner, Maxon & Prime Legal.
In the legal circle the terms “plea bargain” and “settlement out of court” are often used interchangeably, causing confusion among the general public. Just like what is happening in the media space regarding the Cubana Chief priest case. The aim of this write up is to provide clarity on the distinction between these two legal concepts.
Plea Bargain:
A plea bargain is a negotiated agreement between the prosecution and the accused (Defendant ) in a criminal trial. In this arrangement, the Defendant agrees to plead guilty to a lesser offense or reduced charge in exchange for a concession from the prosecution, such as a reduction in sentence or the dismissal of certain charges or payment of fine.
The concept of plea bargaining gained global recognition in 1970 through the celebrated case of Brady v. United States, where the accused’s sentence was reduced from 50 years to 30 years imprisonment after pleading guilty to a kidnapping charge.
In Nigeria, the Economic and Financial Crimes Commission (EFCC) Act empowers the commission to compound certain offenses punishable under the Act by accepting a sum of money not exceeding the maximum amount the accused would have been liable for if convicted. This provision exemplifies the concept of plea bargaining under Nigerian law, with courts interpreting and applying it in various high-profile cases.
Settlement Out of Court:
On the other hand, settlement out of court refers to the resolution of civil disputes between parties without the need for a trial. This usually involves an agreement reached between the parties, often including the payment of monies to one party. Section 270(1) & (2) of the Administration of Criminal Justice Act (ACJA), 2015 in Nigeria provides for plea bargaining in criminal cases, allowing the prosecutor to receive and consider a plea bargain from a defendant or offer a plea bargain to a defendant charged with an offense. Plea bargaining can be entered into with the consent of the victim or their representative, subject to certain conditions.
Key Differences:
1. Nature of Case: Plea bargains are associated with criminal cases, whereas out-of-court settlements are typically reached in civil matters.
2. Objective: Plea bargains aim to resolve criminal charges by negotiation, often resulting in reduced charges or sentences. Out-of-court settlements seek to resolve civil disputes without the need for a trial, often through monetary compensation.
3. Legal Framework: Plea bargaining is governed by specific laws and procedural rules applicable to criminal cases, while out-of-court settlements may be governed by contractual agreements or negotiated terms between parties.
In conclusion, while both plea bargains and out-of-court settlements involve negotiated agreements, they apply to different legal contexts – plea bargains in criminal cases and out-of-court settlements in civil matters.
Understanding these distinctions is crucial for navigating the legal landscape effectively.
