Section 77 Administration of Criminal Justice Law (ACJL) Lagos

Section 77 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Methods of Instituting Criminal Proceedings. It provides as follows:

(1) Notwithstanding anything to the contrary in this Law or any other law, the prosecutor may subject to the approval of the Attorney-General and
Commissioner for Justice-

(a) receive and consider a plea bargain from a defendant charged
with an offence either directly or on behalf of the defendant; or
(b) offer a plea bargain to a defendant charged with an offence.

(2) Where the Attorney-General and Commissioner for Justice is of the view
that the offer or acceptance of a plea bargain is in the interest of justice,
public policy and the need to prevent abuse of legal process, the Attorney-General and Commissioner for Justice may offer or accept the plea bargain.

(3) Subject to the provisions of subsection (2) above, the prosecution
may with the consent of the victim or the victim’s representative enter into
plea bargaining with the defendant before or after the close of the case
where the defendant—

(a) has agreed to return the proceeds of the crime, make restitution to the
victim or the victim’s representative:
or
(b) in a case of conspiracy, has fully cooperated with the investigation and
prosecution of the crime by providing relevant information for the successful
prosecution of other offenders, but the prosecution may not enter into plea
bargaining after the defence case is opened.

(4) The prosecutor and the defendant or the defence counsel may, before the
plea to the charge, enter into agreement in respect of-
(a) the term of the plea bargain which may include the sentence
recommended within the appropriate range of punishment stipulated for the offence or a plea of guilty by the defendant to the offence charged or a
lesser offence which may warrant conviction on the charge and:

(b) an appropriate sentence to be imposed by the court where the defendant intends to plead guilty upon conviction.

(5) The prosecutor may only enter into an agreement contemplated in subsection (4) of this section —
(a) after consultation with the police or the security agency
responsible for the investigation of the case and the victim or the
representative: and
(b) taking into consideration the nature of and circumstances relating to the offence the defendant and public interest:

Provided that in determining whether it is in the public interest to enter into a plea bargain, the prosecution shall weigh all relevant factors, including the –

(i) defendant’s willingness to cooperate in the investigation or prosecution of others:
(ii) defendant’s criminal record or history of involvement in criminal activities:
(iii) defendant’s remorse contrition or willingness to assume responsibility for the act or conduct:
(iv) desirability of prompt and certain disposition of the case;

(v) likelihood of obtaining a conviction at trial and the probable effect on witnesses:
(vi) probable sentence or other consequences if the defendant is convicted:

(vii) need to avoid delay in the disposition of other pending cases; and

(viii) expenses of trial and appeal and the defendant’s willingness to make restitution or pay compensation to the victim where appropriate.

(6) The prosecution shall afford the victim or the representative the
opportunity to make representations to the prosecutor in respect of-
(a) the content of the agreement; and
(b) the inclusion in the agreement of a compensation or restitution order.

(7) An agreement between the parties contemplated in subsection (4) of
this section shall —
(a) be in writing, clearly stating the terms of the agreement and any admission made;
(b) be signed by the prosecutor, the defendant, the legal practitioner and the interpreter, as the case may be; and
(c) state that the defendant has been informed before the conclusion of the agreement that the defendant —
(i) has a right to remain silent and the consequence of not remaining silent; and
(ii) is not obliged to make any confession or admission which could be used in evidence against the defendant.