1 Plea of Allocutus: its Legality and Effect on Criminal Sentencing in Nigeria. By Thomas Ebe Abstract As a legal phenomenon, the plea of Allocutus is enshrined in the criminal procedures of every criminal justice system. Most countries hold it as an absolute right of the convict which the trial court cannot overlook. In Nigeria, the plea of Allocutus is not absolute but rarely goes unobserved in any criminal proceeding. Allocutus is an opportunity given to the criminal defendant convicted of a certain crime to say something in mitigation of punishment before sentence is passed on him and is not an act of kindness on the part of the court but a part of criminal processes that ought to be performed after conviction before sentencing. Most criminal defendants see this process as their last opportunity for mitigation of sentence. This paper therefore examines the legality and the effects of Allocutus in sentencing. And reveals that the plea of allocutus is often abused by the court due to personal inclinations of a particular judge involved. The paper also makes some recommendations which include the need for the court to be wary of the cardinal purpose of criminal law which is punishment and its objectives in line with sections 311 and 401 of ACJA, amongst others. The method of the research is analytical with resources garnered from texts, law reports and internet. 1.0 Introduction The term allocutus is derived from the classical Latin word allocūtiō or alloqui, meaning ‘to address or to speak to’. 1 It is also referred to as allocution, meaning ‘a formal speech’. 2 Thus, an allocutus or allocution is a formal statement made to the court by the defendant who has been found guilty and is about to be sentenced. It is an unsworn statement from a convicted defendant to sentencing judge or jury in which the defendant can ask for mercy, explain his or her conduct, apologise for the crime, or say anything else in an effort to lessen the impending sentence. 3 Accordingly, a defendant’s prime objective is to present information to persuade a judge to impose a more favourable and lenient, sentence. 4 1 “Allocution.” available at Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam- webster.com/dictionary/allocution. Accessed 23 Sep. 2020. 2 Ibid. 3 B. A. Garner, Black’s Law Dictionary, 9 th edn. (St. Paul MN. West Publishing Co. Thomson Reuters, 2009) p. 88. 4 Arthur W. Campbell, Law of Sentencing, 3 rd edn. (Eagan, MN: Thomson West, 2004) p. 404.