Plea Bargaining only refers to a situation where a Defendant had pleaded guilty to a Charge or a less charge in exchange for a lighter sentence. It does not mean no sentence at all. Even if a Defendant had restituted or repaid full or any amount involved in the course of the plea bargaining, it does not mean that she cannot be sentenced. It only means that she will, having pleaded guilty to the charges, serve reduced prison terms depending on the terms, extent and condition in the Plea Bargaining Agreement. In this case, the convict had repaid more than 2/3 of the amount of money involved in this suit through the Plea Bargaining Agreement she entered into with the nominal Complainant. She had equally issued some post-dated cheques yet to be cashed. But it is important to note that Plea Bargaining and repayment of moneys involved in a crime does not exonerate a convict or stand as prison term. Plea bargaining does not take the place of prison term. That is not the intendment of the draftsmen of the Administration of Criminal Justice Act 2015 such that once a convict has repaid or restored all the money in issue, he should not be sentenced. It is important to note that the very essence of imposing prison terms is for deterrence. By the provision of section 7 of the Federal Capital Territory High Court Sentencing Guidelines Practice Directions 2016, “A consideration for the reduction of a sentence upon a guilty plea SHALL not exceed a reduction by one-third (1/3) of the applicable punishment prescribed by law.” Again, under the same Sentencing Guidelines Practice Direction 2016 Act, JUDGMENT IN FRN VS. NKECHI CAROLINE AMADI Page 4

Select target paragraph3