The prosecution said Ms Oduah submitted an application in line with section 270 of the ACJA which governs plea bargaining, including the preconditions that must be met to negotiate with a defendant charged with a criminal offence.
The former Minister of Aviation, Stella Oduah, has submitted a plea bargain-related application regarding her N2.5 billion fraud charges to the Attorney-General of the Federation, the prosecution team said during a hearing at the FCT High Court, Abuja, on Thursday.
The Director of Public Prosecution (DPP), Rotimi Oyedepo, who led the prosecution team, said Ms Oduah submitted the application in line with the provisions of Section 270 of the Administration of Criminal Justice Act (ACJA) 2015.
"The matter is slated for commencement of trial, but as the prosecution was preparing for the trial, the AGF received an application from the first defendant for discussion. This is in line with the provisions of Section 270 of the ACJA 2015," Mr Oyedepo, a Senior Advocate of Nigeria (SAN), said.
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While the substance of the application was not disclosed, Section 270 of the ACJA with which the prosecution associated Ms Oduah's application, governs plea bargaining, including the conditions that must be met to embark on such a negotiation with a defendant charged with a criminal offence.
Ms Oduah, her co-defendant, Gloria Odita, and their lawyers were present at Thursday's proceedings.
Ms Oduah's lawyer, Tobechukwu Michael, also a SAN, confirmed the submission of the application. Similarly, Wale Balogun, another SAN, representing the second defendant, Ms Odita, similarly confirmed the prosecution lawyer's presentation.
Mr Oyedepo noted that negotiations were underway and asked the court to fix a date for a progress report or the commencement of the trial.
Thereafter, the trial judge, Hamza Muazu, adjourned the case until 5 March.
About plea bargain
Plea bargaining is a negotiated agreement in criminal cases where a defendant pleads guilty, often to a lesser charge or fewer counts, in exchange for concessions from the prosecutor, like a lighter sentence or dropped charges, to avoid trial.
Section 270 of the Administration of Criminal Justice Act 2015, a federal legislation that has been domesticated in nearly all states of the federation, governs the application of plea bargain in criminal cases in federal courts.
The law empowers the prosecution to "receive and consider a plea bargain from a defendant charged with an offence either directly from that defendant or on his behalf".
It also permits the prosecution to "offer a plea bargain to a defendant charged with an offence."
Conditions for plea bargaining
In recognition of the abuse of plea bargain processes by Nigerian authorities enabling high profile offenders with serious corruption cases to get away a mere slap on the wrist over the decades, the ACJA set conditions for plea bargaining.
The law, under section 270(2), envisages that the victim of the alleged crimes should be carried along in plea bargaining which can only occur during or after the presentation of the prosecution's evidence but before the defendant opens his or defence.
"The prosecution may enter into plea bargaining with the defendant, with the consent of the victim or his representative during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence," the section said, adding more caveats.
It said any of the three conditions in section 270(2)(a) to (c) must be met to proceed with plea bargaining.
First of them is that the evidence of the prosecution must be such that it "is insufficient to prove the offence charged beyond reasonable doubt".
Plea bargaining can also take place "where the defendant has agreed to return the proceeds of the crime or make restitution to the victim or his representative".
Third, the prosecution may proceed with the process "where the defendant, 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."
Subsection 3 also emphasises public interest and the need to prevent an abuse of legal process.
"Where the prosecutor is of the view that the offer or acceptance of a plea bargain is in the interest of justice, the public interest, public policy and the need to prevent abuse of legal process, he may offer or accept the plea bargain," the provision reads.
Charges
On 10 December 2025, the Attorney-General of the Federation's office arraigned Ms Oduah alongside her co-defendant on N2.5 billion fraud charges.
She was arraigned before the Federal Capital Territory (FCT) High Court in Abuja alongside Gloria Odita, with whom the former minister faces another pending N5 billion money laundering trial before another court.
The charges alleged that the two defendants committed the offences in January 2014, just about a month before Ms Oduah was forced out of office over a procurement scandal.
Ms Oduah served as Minister of Aviation from 2 July 2011 to 12 February 2014 during the administration of former President Goodluck Jonathan. She also represented Anambra North Senatorial twice, in 2015 and 2019.
The five charges filed against her and her co-defendant accused them of fraudulently obtaining N2.5 billion disguised as cost of technical supervision and security from the Ministry of Aviation.
One the counts alleged that defendants obtained "the whopping sum" N2.5 billion (N2,469,030,738.9) from the federal aviation ministry "through Broad Waters Resource Nigeria Limited and Global Offshore Marine Limited by false pretence".
The prosecution alleged that the defendants knew that representing the money as "cost of technical supervision and security integrated and logistics support services" was false.
The charge said the offence was contrary to sections 8(a) and 1(1)(a) of The Advance Fee Fraud and Other Fraud Related Offences Act 2006 and punishable under Section 1(3) of the same Act.
The duo pleaded not guilty to all the charges after they were read to them.
Ex-minister faces another trial
Ms Oduah is facing separate N5 billion fraud charges alongside Ms Odita, Chinese construction giant CCECC, and others, before the Federal High Court in Abuja.
Others named in the case as defendants are Nwosu Nnamdi and Chukwuma Irene Chinyere, Global Offshore and Marine Ltd, Tip Top Global Resources Ltd, Crystal Television Ltd and Sobora International Ltd.
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Although the Economic and Financial Crimes Commission (EFCC) filed the case with 25 counts on 17 December 2020, the arraignment did not take place until 21 July 2023, due to dilatory tactics stalling proceedings.
The trial, which started before a judge, Inyang Ekwo, who is now serving a one-year suspension by the National Judicial Council (NJC), has made little progress since the arraignment.
This newspaper reported that the 25 counts in the case centred on allegations that the defendants committed money laundering involving about N5 billion (N5,052,415,984) between February and June 2014.
The indictment also includes conspiracy to commit money laundering, transferring, taking control and taking possession of proceeds of fraud, aiding and abetting money laundering and opening anonymous bank accounts.
Specifically, the prosecution alleged in two of the 25 counts that Ms Oduah and Ms Odita opened anonymous "Private Banking Nominee" dollar and naira accounts with First Bank, thereby committing an offence contrary to section 11(1) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under section 11(4) (a) of the same Act.
PREMIUM TIMES' review of the charges showed that CCECC Nigeria Limited allegedly transferred over N2.5 billion into the naira account of a Private Banking Nominee between 31 March and 6 June 2014.
In seven of the counts where CCECC is indicted singly and along with Ms Oduah and Ms Oditah, the company was accused of "conspiring with the women to commit money laundering, and directly transferring to Private Banking Nominee account various sums of money totalling N2,583,385,246 which it reasonably ought to have known forms part of the proceeds of an unlawful activity to wit: fraud..."
The defendants denied all the charges.
