WHETHER COUNSEL CAN TAKE ALLOCUTUS ON BEHALF OF ACCUSED/DEFENDANT?

-
WHETHER COUNSEL CAN TAKE ALLOCUTUS ON BEHALF OF ACCUSED/DEFENDANT? 

by Branham Chima. 
Subscribe: https://branhamchima.substack.com/embed 

✓ DEFINITION(S): 
Allocutus is a legal term that refers to the opportunity given to a defendant to address the court before sentencing. Also known as ‘allocution’, it is a critical stage in a criminal trial where the defendant has the right to speak directly to the court. 

During allocutus, the defendant can express remorse, provide mitigating circumstances, or make a plea for leniency. The purpose of allocutus is to allow the defendant to have a voice in the sentencing process and ensure that their individual circumstances are considered before the court determines an appropriate punishment. 

It is an important aspect of due process, recognising the defendant’s right to be heard and promoting fairness in the criminal justice system. 

✓ ANSWER: 
No. Allocutus is for the defendant/accused to take. It is not the role of Counsel to take allocutus for the accused.

Hear the Court in Francis v. FRN (2020) - SC.810/2014 per E. Eko JSC thus: “Allocutus”, as defined in Earl Jowitt: The Dictionary of English Law, is what the convict has to say why the Court should not proceed to sentence him. That is, what the convict shows “why the sentence should not be passed”. The convict, not the defence Counsel pleads his allocutus. In other words, it is for the convict himself to show cause why the prescribed sentence for the offence he was convicted of be not passed or imposed on him. 

Comments

Post a Comment

What are your thoughts?

Popular posts from this blog

WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL?

-
WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed An appeal is considered to be officially submitted to the Court of Appeal when the records of the previous court’s proceedings are received by the Court of Appeal. Once an appeal has been submitted and until it is finally resolved, the Court of Appeal will have control over the entire case between the involved parties. Unless stated otherwise in the Rules, all applications related to the case must be made to the Court of Appeal and not to the original trial Court. However, it is possible to file an application in the trial Court for it to be transferred to the Court of Appeal. The above position was encapsulated in the National Industrial Court case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘the counsel for the judgment creditor/respondent has also contended that no appeal has been entered before the court of appeal. Let m...
Read more

WHETHER CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT?

-
WHETHER CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT?  by Branham Chima.  ✓ DEFINITION(S):  • Conflicting facts: refer to contradictory or opposing pieces of information or evidence that are presented. It occurs when different sources, perspectives, or accounts provide inconsistent or conflicting details about a specific matter or issue.  • Pleaded: When a person pleads, they are presenting their case or defense to the court, either admitting or denying the allegations against them. The plea can be made orally or in writing, depending on the jurisdiction and the specific circumstances of the legal proceedings. The term "pleaded" is commonly used to describe the past action of making a plea.  • Alternative reliefs: refer to different forms of remedies or outcomes that a party seeks in a legal proceeding as alternatives to each other. By seeking alternative reliefs, a party acknowledges that there may be multiple ways to address their conc...
Read more

OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT

-
OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  Obiter dictum, or incidental remarks by a judge that are not binding, play an important role in legal opinions. Generally, lower courts are not obligated to follow obiter dictum. However, there is an exception: when the ultimate court makes an obiter dictum on an important point of law, it becomes binding and must be followed by all lower courts. This exception ensures consistency and uniformity in the interpretation and application of the law across the judicial hierarchy.  This position was affirmed in the case of Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988) per Nnaemeka-Agu JSC thus: ‘Although this opinion was given in a criminal appeal, it has been followed and applied by the Court of Appeal in many civil appeals against interlocutory decisions. See for an example Akinsola Dawodu & Anor. v. F. O. Olo...
Read more