Why Do Lawyers Tell Clients to Plead Not Guilty Even When They Admit the Crime?

In Nigeria, it is common for criminal defence lawyers to advise their clients to plead “not guilty” even in cases where the accused may have admitted to committing the alleged offence. While this may seem counterintuitive to the public, the legal reasoning behind this advice is rooted in protecting the rights of the accused and ensuring a fair trial under Nigerian law.

Pleading Not Guilty: What It Really Means

A plea of “not guilty” does not automatically imply that the accused person is claiming innocence. Rather, it can be interpreted as a demand for the prosecution to prove the allegations against them. This is supported by Section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which guarantees that every accused person is presumed innocent until proven guilty.

The Burden of Proof Lies With the Prosecution

In any criminal trial, the defendant is not required to prove their innocence. It is the responsibility of the prosecution to establish the accused’s guilt beyond a reasonable doubt. By pleading “not guilty,” the defendant ensures that the prosecution must prove every element of the crime with sufficient evidence.

This plea safeguards the defendant from weak or circumstantial evidence that might otherwise be used against them.

Why Pleading Guilty Can Be Risky

When a defendant pleads guilty, they are effectively assisting the prosecution by agreeing to the charges. This can result in immediate conviction and may limit the opportunity for legal negotiation. Pleading “not guilty,” on the other hand, allows lawyers to explore alternative strategies, including:

• Negotiating plea bargains for reduced charges or lighter sentences

• Challenging insufficient evidence presented by the prosecution

• Ensuring that constitutional rights of the accused are fully protected

  

Legal advice to plead “not guilty” is not an attempt to encourage dishonesty in court. Instead, it is a strategic move designed to protect defendants, enforce the constitutional presumption of innocence, and ensure that justice is served fairly. In criminal trials, a “not guilty” plea is often a defence mechanism that safeguards both legal rights and potential outcomes.

Deborah Ocheja