SPECIAL REPORT… Justice for Sale? How Nigeria’s plea bargain system, out-of-court settlement, help rapists escape due punishment

57-year-old Jacob Dagboyi, a top civil servant who lives at No. 55 Jikwoyi Extension of Phase 3 in the Federal Capital Territory, on about the 17th day of July 2020, engaged in a sexual act with ‘Mary’ (not her real name), a 16-year-old girl living at the same address as Dagboyi, which affected her physical well-being as a minor.

On the 31st of October 2022, over two years later, Dagboyi was arraigned in court on a three-count charge alleging that he had sexual intercourse with her and unlawfully and intentionally forcefully penetrated her vagina, which is detrimental to the physical and psychological well-being of the victim.

Dagboyi was charged with the offence of rape under Section 1(1) of the Violence Against Persons (Prohibition) Act, 2015, punishable by life imprisonment. He was also charged under Section 5(1) for engaging in any offensive sexual conduct to the detriment of the victim’s physical or psychological well-being, and under consanguinity and affinity provisions contained in Sections 25, 5(1), and 1 of the same Act, due to his blood relation to the victim.

On the 18th of March 2024, the parties (prosecutor and defence counsel) approached the court with a plea bargain agreement, where the charges for rape (requiring life imprisonment) and consanguinity (requiring 10 years’ imprisonment) were withdrawn, and an amended charge under Section 5(1) was filed for engaging in offensive sexual conduct to the detriment of the victim’s physical or psychological well-being, with a punishment not exceeding two years, a fine not exceeding N500,000, or both.

Dagboyi pleaded guilty to the lesser offence after the plea bargain, and in accordance with Section 270 of the Administration of Criminal Justice Act (ACJA), he was sentenced to five months’ imprisonment counting from the date of his arraignment and a fine of N500,000.

In addition, he was required to pay N3,000,000 as part of an educational fund for the survivor/victim of this case and N1,000,000 to the Victims of Trafficking Trust Fund, alongside a plea of guilty to the amended offence.

That is how Dagboyi became a free man after a plea bargain on the day the judgment was delivered by Hon. Justice K.N. Ogbonnaya. This is because the sentence was backdated to take effect from the date he was arraigned before the court in 2020.

Section 270 of the Administration of Criminal Justice Act (ACJA), 2015, introduced plea bargaining to make Nigeria’s justice system faster and more efficient. It allows defendants to plead guilty to lesser offences, helping to reduce trial delays and decongest prisons.

However, this plea bargain is now being misused as an avenue for rapists, pedophiles, and sexual predators to escape justice.

The Child Rights Act (2003), the Violence Against Persons (Prohibition) Act (2015), and the Criminal Code Law of Lagos State prescribe life imprisonment for rape to show the gravity of the offence and protect vulnerable groups, especially children and women. Lawmakers introduced these penalties to deter offenders, ensure justice for victims, and align Nigeria’s laws with international human rights obligations. Under Section 31(2) of the Child Rights Act and Section 1(2) of the VAPP Act, anyone who has sexual intercourse with a child commits rape and is liable on conviction to life imprisonment, regardless of the child’s consent.

Section 270 of the ACJA provides the legal framework for plea bargaining in Nigeria, enabling prosecutors and defendants to negotiate a guilty plea in exchange for a more lenient sentence or a lesser charge. The section permits plea bargaining when it serves the interests of justice, public policy, or the efficient prosecution of cases. Sadly, there is no restriction on its application to rape cases.

Lagos: The ‘Centre of Excellence’ for Settling Rape Cases Through Plea Bargains

Investigations show that Lagos State has the highest number of rape cases settled through the plea bargain system, showing a disturbing pattern and contributing to the high number of cases recorded in the state. In just one year, Lagos State recorded 8,692 sexual and domestic violence cases between August 2024 and July 2025.

The Lagos State Government says it has recorded a sharp increase in the reportage of sexual and domestic violence, with 8,692 cases reported between August 2024 and July 2025.

Analysis of several cases from the Sexual Offences and Domestic Violence Court in Ikeja, Lagos shows repeated instances where convictions for actual rape incidents that should lead to a life imprisonment conviction was changed as the accused used plea bargaining to obtain lighter sentences.

Hoya Abraham, a 35-year-old resident of Mowo Kekere Elepe in the Ikorodu area of Lagos State, had carnal knowledge of the victim, who is a 14-year-old girl. The victim testified before the court that Abraham asked her to come over to his house to fry eggs for him, and he ended up forcefully having sex with her, which resulted in bleeding. Abraham was arraigned on August 8, 2021, and pleaded not guilty to the charge of defilement. On January 18, he opted for a plea bargain and was re-arraigned on the amended information of attempted sexual assault by penetration.

Credit: ICPC

Abraham was charged in court under Section 137 of the Criminal Code of Lagos State, which states that anyone who has unlawful sexual intercourse with a child is guilty of a felony and is liable for life imprisonment. Abraham was sentenced to 14 years’ imprisonment instead of life imprisonment, which is the punishment for defilement, despite the confession of the victim and the confessional statement of the perpetrator.

That is not the only case. Nasiru Usman, a scrap seller, had unlawful sexual intercourse with a 4-year-old minor in his shop on January 6, 2023. Initially, he was charged with defilement, an offence which attracts life imprisonment as punishment under the Criminal Code Law of Lagos State. However, following negotiations between the prosecution and the defence counsel, a plea bargain agreement was reached on May 22, 2025. He was eventually sentenced to 12 years’ imprisonment as per the terms of the plea agreement, despite the testimony of the Investigative Police Officer, who narrated how the convict lured the minor into his shop, had unlawful sexual intercourse with her, and then gave her a sum of N200 thereafter.

In another case, Bamidele Folorunsho defiled a 12-year-old girl sometime in February 2018, and he was charged in court for defilement in October 2021.

The plea bargain agreement was entered, and O. Aluko, the prosecuting counsel, told the court that a sentence of 10 years’ imprisonment was approved by the Director of Public Prosecution, Dr. Babajide Martins. Justice Rahman Oshodi, therefore, sentenced the convict to 10 years’ imprisonment instead of life imprisonment, which is the correct punishment for defilement. He added: “I have found you guilty based on your plea in the amended information dated 11 December 2024. I have carefully considered the plea bargain agreement and your show of remorse. I hereby sentence you to 10 years’ imprisonment, which will commence from 22 March 2018.

Nnanna Daniel was also among those who received a light sentence after having sexual intercourse with a 13-year-old minor during a religious event on Thursday, 10 May 2018, at Arowojolu Street, Ilaje Village, Ebute-Metta, Lagos. During the trial, the victim testified that Daniel had forcefully violated her, and the prosecution presented four pieces of evidence, including the defendant’s confession and a medical report.

However, the state prosecutor, Inumidun Solarin, informed the court on Tuesday, 15 April 2025, that both sides had reached a plea agreement, which was signed on Wednesday, 9 April, with the approval of Daniel’s lawyer, Scholastica Nwogu. Following this, Daniel was re-arraigned on Thursday, April 17 and pleaded guilty to the amended charge of attempted sexual assault by penetration. The Ikeja Sexual Offences and Domestic Violence Court, Lagos State, however, sentenced him to 14 years imprisonment for attempting to rape a minor by reducing the punishment from life imprisonment to 14 years imprisonment.

Oladosu Sakiru, an Arabic Teacher, was also arraigned for having sexual intercourse with a 13-year-old female pupil between February and March 2022 at Odusanmi Street, Mushin, Lagos. The judge handed down the sentence to Sakiru after he pleaded guilty to the two amended charges of attempted sexual assault by penetration and indecent treatment of a child through a plea bargain, and he was sentenced to 14 years in prison for the first charge and seven years for the second. In this case, the amended charge carries a lesser offence with a lesser punishment.

Jelili Moshood, a butcher, raped a 78-year-old woman who had dementia. The judge said the facts established in the case were that the convict, under the guise of helping, isolated the vulnerable 78-year-old woman suffering from dementia and proceeded to assault her, causing her physical injury and trauma sexually. The Lagos State government had initially charged the convict with rape, with the medical report and the result of the medical examination received in evidence as Exhibit F. It revealed documented physical trauma and forceful penetration of the victim’s vagina. The convict’s charge was, thereafter, changed from rape to attempt to commit sexual assault by penetration, which contravened section 262 of the Criminal Laws of Lagos State 2015 after the plea bargain.

Monday John, a 54-year-old man, defiled a 13-year-old girl on October 16, 2020, at about 12:30 pm at No. 27 Olarenwaju Street, Bariga, Lagos, by trying to penetrate her vagina with his finger. He was sentenced to 14 years’ imprisonment, commencing on his remand date, November 13, 2020, and received this sentence through a plea bargain agreement. John was sentenced after pleading guilty to a one-count amended charge brought against him by the Lagos state government.

Another culprit, Damilare Olanrewaju was sentenced to five years in prison for indecently assaulting a minor. Olanrewaju initially pleaded not guilty to the charge of rape but later changed his plea to guilty after entering into a plea bargain agreement. Justice Oshodi ensured that Olanrewaju understood the implications of his guilty plea and the possibility of receiving the maximum sentence. The court heard that Olanrewaju publicly assaulted the victim by fondling her breasts and caressing her buttocks. The prosecution, led by Ms Inumidun Sholarin, argued that his actions violated Sections 134 and 263 of the Criminal Law of Lagos State 2015. Olanrewaju initially pleaded not guilty but later changed his plea to guilty after entering into a plea bargain agreement.

Chidi Isaiah, on the 7th day of January, 2020, at about 1500 hours at No. 27 Logun Logun Area of Igbo Olomu, Owuti, Agric, Ikorodu, defiled an 11-year-old girl. The convict was first arraigned on February 15, 2021, on the charge of defilement, to which he pleaded not guilty.The prosecution counsel, A.R. Abolade, informed the court that the defendant had agreed to a plea bargain.

The convict was re-arraigned on two counts of attempting to commit sexual assault by penetration and indecent treatment and was sentenced to 14 years imprisonment for the offence of attempt to commit sexual assault by penetration and a sentence of 7 years imprisonment for the offence of indecent treatment of a child, and the punishment for defilement she was charged earlier charged for is life imprisonment.

Abayomi Abraham, a 61-year-old farmer, had sexual intercourse with his 15-year-old daughter and was arraigned on February 21st, 2024. He was initially charged on four counts–defilement, sexual assault by penetration, attempt to procure an abortion, and indecent treatment of a child. Abayomi, however, opted for the guilty plea bargain, which necessitated the amendment of the charge to attempted sexual assault by penetration.

The judge, in his statement, sentenced Abayomi to 14 years imprisonment for attempted sexual assault and ordered his name to be included in the sexual offenders register as maintained by Lagos State. This is in accordance with sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. Even though there was evidence against the defendant, due to a plea bargain, instead of being sentenced to life imprisonment, he was sentenced to 12 years’ imprisonment.

Taofiq Oladosu, was arraigned for defiling a 12-year-old girl between September and December 2015 on Oyo Street in the Mushin area of the state by trying to penetrate her vagina with his finger. The convict was sentenced following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration. While delivering the judgment,   held that he was satisfied that Oladosu understood the nature of the plea bargain agreement he entered into. He also held that it must emphasise that the convict was initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.

Consequently, Justice Oshodi sentenced Oladosu to 14 years imprisonment and held that the sentencing should commence on December 14, 2015, the day of his remand.

Chinaza Abazienu was arraigned for defilement of a 10-year-old girl on 3 August 2020, on Yusuf Sanusi Street, off Adeniran Ogunsanya, Surulere, Lagos. The state prosecutor, Abimbola Abolade, had earlier informed the court of a plea bargain application made by the defence, dated June 20, which proposed a 21-year jail term. The defence counsel, Donatus Egbe, also confirmed the acceptance of the plea bargain on behalf of the defendant. The prosecution submitted that the defendant committed the offences and Justice Abiola Soladoye sentenced Mr Abazienu to 21 years’ jail term, following his plea bargain agreement to a two-count charge of attempted sexual assault by penetration and indecent treatment of a child.

Rasaq Akinyemi, a 30-year-old Barber, was arraigned on a two-count charge of defilement and indecent treatment of a child, to which he pleaded not guilty. The punishment for defilement is life imprisonment. The State Counsel, Olufunmilayo Aluko, called two witnesses: a medical officer and an investigative police officer. Through the latter, the confessional statement of the convict was tendered, and it was not objected to by the defence. Ms Aluko told the court that the convict committed the offences on June 25, 2020, at No.13 Shiaba Street, Agege, Lagos. She submitted that the convict indecently treated the survivor by removing her clothes and looking at her private parts.

The prosecutor informed the court on January 30 that the parties entered a plea and sentence agreement. According to the prosecutor, the offences violate Sections 135 and 263 of the Criminal Laws of Lagos State, 2015. He was sentenced to seven years’ imprisonment on count one and two years on count two. The sentences shall run consecutively for a total of nine years, computed from June 26, 2020, when they first remanded him in custody.

Chukuwemeka Ejike, a 50-year-old trader, was charged with defilement of a nine-year-old girl in May 2017 at No. 1, Samson Street, Oke Odo, Agege, Lagos, when he was charged with putting his penis in the vagina of the girl.He had initially pleaded not guilty, and the prosecution called four witnesses, which included the Investigation Police Officer, the father of the survivor, a medical doctor, and the survivor, who testified against the defendant. The defendant, however, opted for a plea bargain and pleaded guilty to an amended charge, dated January 4, 2024.

“I have considered the plea bargain that you signed and the allocutus from your counsel. I hereby sentence you to 14 years imprisonment, which will start from the day of your remand,” the judge held. This case also showed how the plea bargain system was used to reduce the punishment for defilement.

Francis Onwuzulike, a middle-aged man was initially arraigned sometime in 2018 with sexual assault by penetration, an offence which attracts life imprisonment as punishment. The survivor told the court that when he was 13 years old, the convict, who was his neighbour, sexually abused him on three separate occasions. He further explained that the convict would send him on errands and, upon his return, lock his door before perpetrating acts of sexual violence. The boy also told the court that the convict threatened to kill him if he disclosed to anyone what he did to him.

Following the negotiations between the prosecution and the counsel, a plea agreement was reached, dated May 27, 2025, and having pleaded guilty to indecent treatment of a child, contrary to sections 135, 263, and 134, respectively. Under the current charges to which he pleaded guilty and been convicted, the prescribed punishments are held as follows: count one, indecent treatment of a child, he was sentenced to seven years imprisonment; count two, sexual assault: three years imprisonment; and count three, indecent acts: two years imprisonment.

Sunday Okoronkwo had carnal knowledge of his neighbour’s seven-year-old granddaughter. He was arraigned before the court for defilement. However, after entering a plea bargain, he pleaded guilty to a lesser offence of attempting to commit sexual assault by penetration and sexual assault.

“The prosecutrix’s evidence, which was corroborated by both your confessions, established that he had sexual intercourse with her.” the judge said.

“The maximum sentence for attempting to commit sexual assault by penetration is 14 years imprisonment, whilst sexual assault carries a maximum term of three years imprisonment.” He was therefore sentenced to 17 years’ imprisonment based on the lesser charge.

Soliu Alowonle was earlier charged with defilement by having unlawful sexual intercourse with a 17-year-old girl.

Oshodi said: “Saliu Alowonle, you have pleaded guilty to two serious offences – grievous harm and forcing a person to engage in sexual activity without consent.

“These offences have caused significant trauma to the victim and her family. I have considered the terms of the plea and sentence agreement, which demonstrate acceptance of responsibility. I hereby sentence you to seven years imprisonment on count one and five years jail term on count two.”

He further held that the sentences would run consecutively, totalling 12 years. This is another case where rape was proven, but the offender was sentenced to 12 years’ imprisonment.

Obasanmi Waliyullahi, an Islamic teacher, was arraigned for committing the offences in May 2018, September 2018 and January 2019 in Agbado, Lagos. Waliyullahi was arraigned for sexually assaulting the survivor by attempting to penetrate her vagina with his fingers. The prosecution also said the defendant indecently treated the survivor by tying her hands to a window, closing her mouth and attempting to have canal knowledge of her. After the plea bargain on the offence, he was sentenced to 14 years for attempt to commit sexual assault by penetration and seven years for indecent treatment of a child.

John Owiku was charged with defiling a 13-year-old survivor who is his neighbour’s daughter sometime in April 2018, before he opted for a plea bargain.

Justice Rahman Oshodi expressed displeasure at the fact that the court had spent four years conducting a rape trial before the Prosecutor, Mrs Amanda Asagba, and Defence Counsel, Mr Peter Imhanguezogie, could strike a plea bargain deal for the convict.

The prosecutor, Asagba, however, informed the court that the prosecution would soon be opposing the plea bargain agreement.

“Soon, we will be opposing plea bargains. Zero tolerance is zero tolerance as we must protect our girls,” she said.

Asagba submitted that the original reason for the guilty plea was that the knowledge of the law on rape was not widespread.

“However, with the increased awareness, the state will be pushing for the full application of the law,” the prosecutor said.

Despite her statement here, plea bargains are still being used for rape cases.

Segun Shina, a traditional herbalist, was charged with defiling a 10-year-old girl suffering from epilepsy.  He was initially arraigned on April 4, 2021, for defilement, where he had pleaded not guilty. However, during the course of the trial, he opted for a plea bargain, ultimately changing his plea to guilty on an amended one-count charge of attempted sexual assault. Justice Oshodi emphasised that Shina’s voluntary admission of guilt, alongside the evidence presented, proved the case beyond a reasonable doubt.

“You exploited the vulnerability of a child brought to you for healing and broke the trust placed in you as a traditional herbal healer. I must stress that the original charge carried the possibility of life imprisonment. This court has shown mercy, but the harm done to the child cannot be overlooked,” the judge remarked. He was therefore sentenced to 14 years’ imprisonment, backdated to November 16, 2018, the date of Shina’s arrest.

These are numerous rape cases that have been settled through the plea bargain system, which is a factor which contributed to the high number of sexual offences in the state.

We Settle Some Sexual Cases Out of Court—NAPTIP

Mrs Ijeoma Mary Amugo, the Director of Legal and Prosecution at the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), said that ideally, they do not resolve rape cases through plea bargains or settle them out of court. However, they do so in situations where the girl refuses to testify in court. In such cases, they would instruct the perpetrator to pay a certain sum as compensation to the victim before reunification, since the case is not going forward.

“The case of Dagboyi v FRN is the first plea bargain case I have ever seen. The ones we settle out of court are those in which the victim is unwilling to testify against the perpetrator in court. We can’t force you. Our counsellors would have tried their best by using victim protection or the option of testifying in the chamber, and if she insists, there is nothing we can do.

That is the only time we do it. The victim’s interest is of paramount importance. Instead of allowing the perpetrator to go scot-free, we hold him to pay some money. It is best if we have prepared the charge. We hold him to pay compensation for the victim. We have prepared the charge; if you are not ready, we will charge you. He will pay and use the money to take care of herself.”

Arinze D. Abenefo, a lawyer and NAPTIP prosecutor who signed the plea bargain agreement in Dagboyi’s case, stated that they resorted to a plea bargain due to problems of evidential proof. They brought the plea bargain agreement to the Zuba High Court, which was later approved by the then Director-General of NAPTIP, Fatima Waziri-Azi.

“We had an issue with the witness. Sam (NAPTIP prosecuting lawyer) finished the case; my own role was just to adopt the plea bargain agreement because the case had advanced. That is the only case I have in court to my knowledge.”

“Based on that, we are not throwing the case away for nothing because he is a top civil servant and cannot go scot-free. They approached the agency with a plea bargain, had the then DG approve a preferred agreement, and filed it with the court. They approached the agency through the prosecutor; the defence initiated, the DG approved, and they went ahead, signed an agreement, and filed it in court, and the court adopted it as a consent judgment.”

Poverty, Lack of Education, Information, and Sensitisation Are Frustrating the Prosecution of Sexual Offenders—NAPTIP

Mrs Ijeoma Mary Amugo said poverty, lack of education, information, and sensitisation make it difficult to prosecute sexual predators, rapists, and paedophiles. She noted that most perpetrators have authority in the community, and victims are often under their authority, which can pressure family members and victims not to testify against the perpetrators.

“Due to a person’s power and position in society, it stresses the victim’s response to the crime. Very high-ranking people would try to drop the case. We would think it had ended there, but by the time the girl came and said, ‘My lord, I cannot testify,’ they always fear for their lives.

“Parents are under so much pressure; they live in fear. If they are not in Abuja, we reach out to the zonal command. The parents of the victims would come to get their address. Apart from physical trauma, we also keep in touch. Poverty in society is too much. Financial dependence is making crime worse.”

According to her, the procedure for this out-of-court settlement is that the victim may be in NAPTIP’s shelter and kept separate. They ask the perpetrator to pay a certain sum depending on the gravity of the trauma. Some serious cases have payments of 2–3 million naira. The counsellor handles it, creates an account for the victim, and processes the reunion with the victim’s parents.

She said the solution to this is the empowerment of people because many cannot feed or educate their children, which makes them vulnerable to sex predators. She added that awareness would prevent families from letting a case go for money by influencing victims to refuse to testify.

“Lack of information, sensitisation, and promising parents and victims of heaven and earth make them prone to exploitation. The government needs to empower people at the grassroots. The basic problem is even food. A young girl may be pushed into prostitution by her mother because of hunger. Many things are happening. Sometimes, we can’t eat. We suffer trauma from this incident and are frustrated by cases we encounter,” she added.

She noted that settling rape cases through a plea bargain is awkward, but exceptions exist. NAPTIP’s policy doesn’t allow it, but circumstances like a lack of victim cooperation or judicial issues sometimes warrant it. Some victims even refuse to testify to avoid sending their father or relative to jail, while others insist on prosecution despite poverty.

Kasim Darika, Registrar of Jabi Special Court, noted that a plea bargain can only be brought by NAPTIP or the police. He has no record of a rape case settled by plea bargain in the Jabi court. However, he disclosed that NAPTIP sometimes settles rape cases in their office and ensures perpetrators compensate the victims.

“Even if the court allows a plea bargain, it is initiated by NAPTIP or the police. They file the case, contact or arrest the perpetrator, and can settle rape in their office. I want him to give me money to pay hospital bills. NAPTIP is good at contacting and arresting perpetrators. Sometimes, they don’t need to go to court; they settle it in their office,” he said.

Perpetrators Use Money to Bribe Parents to Settle Out of Court

Perpetrators know a rape case would fail if victims refuse to testify. They usually offer bribes to parents, who would pressure victims not to testify, leading to plea bargains or out-of-court settlements.

In the high-profile case against Pastor Amos Isah, founder of the Prophetic Victory Voice of Fire Ministry in Gwagwalada, FCT, allies of the cleric allegedly tried to bribe the 14-year-old victim’s father. Sahara Reporters revealed that a man claiming to be the “Bishop of Abuja” offered N2 million via WhatsApp to “settle the matter” out of court. The father rejected the offer, insisting on justice.

Had the father accepted the money, the victim would have been coerced not to testify, potentially leading to a plea bargain or out-of-court settlement. Such practices encourage sexual predators to commit crimes with the belief they can escape justice.

Not Only in Lagos and Abuja, It Happens in Other States Too

In Kaduna State, Yusuf Aliyu was charged with rape under Section 258(1) of the Penal Code Law of Kaduna State, 2017. He approached prosecutors for a plea bargain, and the committee resolved that he be charged with a lesser offence of Indecent Treatment of a Child under Section 208 of the Penal Code Law, 2017. He was ordered to pay N400,000 as compensation to the victim/family, serve a five-year term from the date of arrest, and execute an undertaking to behave well in the future. The Kaduna State High Court adopted these terms, and the defendant pleaded guilty.

Similarly, in Kwara State, Yusuf Muhammad was initially charged with rape under the Child Rights Act. According to the defence lawyer who represented the offender at the High Court of Kwara State, the court would not allow a plea bargain under the Act. So the charge was amended and changed to the Penal Code Law of Kwara State, which allowed for a plea bargain and a lighter sentence.

Advocacy Against Settling Rape Cases Through Plea Bargain

Michael Awo Ejeh, a lawyer and community advocate, has been advocating for the abolition of the plea bargain system in rape cases. Commenting on Yusuf Aliyu’s case, he questioned how victims can get justice when irreparable harm has been done to the victim and when the defendant can simply pay to settle.

He noted the debate is heating up, as several Senior Advocates of Nigeria have argued in support of plea bargains in rape cases.

Olaoluwa Akinremi, a lawyer, also stated that plea bargaining is unacceptable in any rape, defilement, or sexual offence case and should be dealt with urgently.

Miriam Kombo Ezeh said plea bargains are inappropriate in rape and domestic abuse cases because of power imbalances and the retraumatisation of victims. Section 270(2) of ACJA requires the victim’s consent before a plea bargain, raising questions about obtaining the child’s consent.

Adeola Jimoh argued that plea bargains in rape cases make no sense. How can a child victim consent? The abuser may continue abusing others, and monetary compensation is insufficient.

Faith Toms-Babs, Executive Director of Heal the World and Care for People Initiative, said plea bargains for rape/defilement cases should not be considered if the focus is on child safety. “Offenders should get the punishment they deserve; paying their way isn’t an option. This calls for intensified advocacy,” she noted.

Despite Gender Desks, Special Courts, Plea Bargain Continue to Undermine Justice for Survivors

The Nigeria Police Force established Gender and Sexual Offences Desks to improve the handling of gender-based violence and ensure victims of rape and domestic abuse receive justice. The initiative was first introduced in 2014, when the Force Gender Unit was reconstituted under the Nigeria Police Gender Policy to promote professionalism and protect victims of sexual and gender-based violence. This was one of the ways of fulfilling Section 44 of the Violence Against Persons (Prohibition) Act of 2015 that mandates the government to take necessary measures.

Many survivors previously faced stigma, poor investigation, or intimidation when reporting sexual offences. The gender desks were therefore created to provide a safe and specialised space where trained officers could manage such cases with sensitivity and ensure they were properly transferred for prosecution.

On 15 February 2025, the Inspector-General of Police, Kayode Egbetokun, approved the expansion of Gender-Based Violence (GBV) Desks to all police divisions across Nigeria. The directive aimed to “enhance efficiency, improve service delivery, and ensure easier access to justice for citizens,” especially in handling rape and sexual offences.

However, findings by this reporter reveal that while gender desks exist in several divisions, their authority remains limited. To confirm their presence and operations, visits were made to Lugbe, Galadimawa, Kabusa, Apo Police Division and Waru Police Outpost within the Federal Capital Territory (FCT). All except Waru have functional gender desks. Officers in Waru said they refer all sexual offence cases to Kabusa for handling. Across the divisions visited, officers explained that while they receive and record complaints of sexual offences, judicial divisions do not prosecute these cases directly. Instead, they are referred to the Force Criminal Investigation Department (FCID) for prosecution.

Female officers manning the desks said they had received training to manage gender-based violence cases, often in partnership with civil society organisations. At Lugbe Police Division, for example, officers said they were recently trained by the Child and Youth Protection Foundation (CYPF) on handling gender-related offences.

Yet, despite these efforts, the persistence of plea bargains in rape cases, where offenders negotiate reduced sentences or avoid a full trial, raises questions about the effectiveness of these desks.

The same concern applies to the Lagos State Sexual Offences and Domestic Violence Court,  established in 2018 to ensure faster and more specialised prosecution of rape, sexual assault, and domestic violence cases. The Lagos State Judiciary, under the then Chief Judge Justice Opeyemi Oke, inaugurated four special courts on February 1, 2018, two of which were dedicated to sexual offences. The court’s creation followed growing cases of gender-based violence and criticism that regular courts were too slow and insensitive in handling such matters.

The establishment built on the Protection Against Domestic Violence Law of 2015 and the work of the Domestic and Sexual Violence Response Team (DSVRT), which had been coordinating the state’s response to gender-based violence since 2014.

However, the essence of these specialised institutions, both the gender desks and sexual offences courts, has been undermined as sexual offences continue to be resolved through plea bargains that favour offenders over justice for survivors. Lagos State has also recorded a rise in sexual offences since the establishment of the Sexual Offences Court. At the time of its launch, the state had recorded over 400 sexual-related cases in the preceding three years. Yet, between August 2024 and July 2025 alone, 8,692 cases of sexual and domestic violence were reported. This figure is far worse and a significantly higher number than what was recorded in the three years before the court was established.

“This report was facilitated by the Wole Soyinka Centre for Investigative Journalism (WSCIJ) under the Champion Building component of its Report Women! News and Newsroom Engagement project.”

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