Can a Defence Counsel Plead Allocutus on behalf of a Convict? Interrogating Nweke Chibueze Francis v Federal Republic of Nigeria

Abstract

At the conclusion of a criminal trial, the outcome of the proceedings is that the defendant is either acquitted or convicted. Where he is acquitted he will immediately leave the dock and go home without more. But where he is convicted he will be sentenced according to law. However, between conviction and sentence there exists a procedure known as a plea of allocutus by which the defendant (who has now become a convict) pleads with the Judge or the presiding officer to temper justice with mercy by reducing his sentence. This article examines whether a defense counsel can plead allocutus on behalf of his convicted client considering the recent decision of the Supreme Court in the above case wherein the apex court in an unprecedented legal twist prohibited legal practitioners from pleading allocutus on behalf of their clients.

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