LAWAN V. F.R.N. (2024) 12 NWLR (PT. 1953) 501
ON NATURE OF ALLOCUTUS
An allocutus is not a defence for the accused person, neither is it necessary on a trial court to invoke it. Allocutus is not a right in law or a fundamental right under the Nigerian law of fair hearing. It is only desirable in consideration of factors that may influence the mitigation of heavy punishment to a lighter one. Thus, the failure of the trial court to avail the appellant such an opportunity is not sufficient ground to overturn the trial court’s decision. In this case, the failure of the trial court to call for allocutus does not vitiate the sentence passed on the appellant. [Edwin v. State (2019) 7NWLR (Pt. 1672) 553; Ogbeide v. C.O.P. (1964) 2All NLR 176; State v. Babangida (2013) 12 NWLR (Pt. 1754) 397; Oloyede v. State (2018) 8 NWLR (Pt.1621) 311 referred to.] (Pp. 542-543, paras. E-A).
LAWAN V. F.R.N. (2024) 12 NWLR (PT. 1953) 501
ON WHETHER ALLOCUTUS IS MANDATORY IN CRIMINAL TRIAL
Allocution (allocutus) is neither a defence for the defendant, nor mandatory upon the trial court to invoke same in the course of passing sentence. Nonetheless, allocution is desirable in consideration of certain factors that may influence the mitigation of heavy punishment to a lighter one. Thus, the trial court’s failure to accord the appellant an opportunity to address it thereupon was not a sufficient ground to interfere with the decision of the court. [Ogbeide v. C.O.P. (1964) 2 All NLR176; State v. Babangida (2013) 12 NWLR (Pt. 1754)397; Edwin v. State (2019) 7 NWLR (Pt. 1672) 553; Oloyede v. State (2018) 8 NWLR (Pt. 1621) 311referred to.] (P. 566, paras. C-E).