Whether the Court Must First Convict an Accused Based on His Plea Before Requesting for Allocutus

CASE TITLE: RASAKI v. STATE (2025) LPELR-82157(CA)

JUDGMENT DATE: 16TH OCTOBER, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: BIOBELE ABRAHAM GEORGEWILL, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

The appeal borders on the offence of attempted murder.

FACTS:

This is an appeal against the Judgment of the High Court of Oyo State, Ibadan Division (trial Court), Coram: I. S. Yerima J, delivered on 13/4/2022.

The trial Court, the Appellant as Defendant, was arraigned by the Respondent as Prosecutor on a one-count charge alleging as follows:

“Count 1:

That you, Ojo Rasaki, on the 20th day of April, 2018, at about 12:00 hrs at Olomo, Apete Area, Ibadan, in the Ibadan Judicial Division, did attempt to kill one Okikiade Olamide ‘M’ and thereby committed an offence contrary to and punishable under Section 320 of the Criminal Code Cap 38, Vol. II, Laws of Oyo State, 2000.”

Upon arraignment, the Appellant pleaded guilty to the one-count charge. The trial Court then called on the learned counsel for the Respondent to state the facts of the case, after which, by means of Allocutus, the Court was urged to temper justice with mercy. The Appellant, as Defendant, was, on his plea of guilty, convicted and sentenced to life imprisonment for the offence of attempted murder; hence the appeal.

The Appellant was peeved with the said judgment and appealed against it.

ISSUE(S) FOR DETERMINATION:

The appeal was determined using this sole issue thus:

Whether or not the conviction of the Appellant on his plea of guilty was regular and capable of sustaining his sentence to life imprisonment for the offence of attempted murder, as was done by the lower Court.

DECISION/HELD:

The appeal was allowed. The Judgment of the trial Court was set aside for being a nullity and remitted to the Chief Judge of Oyo State to be assigned to any other judge of that Court.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- ATTEMPT TO COMMIT AN OFFENCE: What prosecution must prove to secure conviction for offence of attempted murder
• CRIMINAL LAW AND PROCEDURE- ATTEMPT TO COMMIT AN OFFENCE: Meaning and nature of attempted murder
• CRIMINAL LAW AND PROCEDURE- PLEA OF GUILT: Procedure to be followed by the court where an accused person pleads guilty to the charge under the Oyo State Administration of Criminal Justice Law, 2016
• CRIMINAL LAW AND PROCEDURE- ALLOCUTUS: Whether the Court must first convict an accused based on his plea before requesting for allocutus
• CRIMINAL LAW AND PROCEDURE- CRIMINAL TRIAL/PROCEEDINGS: Effect of a trial that is declared a nullity
• CRIMINAL LAW AND PROCEDURE- ARRAIGNMENT/TAKING OF PLEA: Procedure for valid arraignment of an accused person
• CRIMINAL LAW AND PROCEDURE- PLEA OF GUILT: Duty of Court where an accused person pleads guilty; effect of failure to strictly comply with the mandatory statutory procedural requirement in a criminal trial

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