LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Taking of Plea – Mandatory Requirements for Valid Plea
PRINCIPLE STATEMENT
The person to be tried upon any charge or information shall be placed before the court unfettered unless the court shall see cause otherwise to order and the charge or information shall be read over and explained to him to the satisfaction of the court by the registrar or other officer of the court, and such person shall be called upon to plead instantly thereto, unless where the person is entitled to service of a copy of the information he objects to the want of such service and the court finds that he has not been duly served therewith.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Rufai v. State (2001) NLC-2832000(SC) at p. 4; Paras C–D.
"The person to be tried upon any charge or information shall be placed before the court unfettered unless the court shall see cause otherwise to order and the charge or information shall be read over and explained to him to the satisfaction of the court by the registrar or other officer of the court, and such person shall be called upon to plead instantly thereto, unless where the person is entitled to service of a copy of the information he objects to the want of such service and the court finds that he has not been duly served therewith."
EXPLANATION / SCOPE
Valid arraignment requires: (1) accused placed before court unfettered; (2) charge read and explained in language accused understands; (3) explanation to the court’s satisfaction; (4) accused called upon to plead instantly; (5) plea recorded. These requirements are mandatory, not directory. Failure to comply renders proceedings a nullity. The accused must understand the charge to plead effectively. The court must ensure the accused is not under physical restraint unless necessary. The registrar or other officer reads and explains the charge. The accused cannot be forced to plead without proper explanation. The principle protects the accused’s right to fair hearing and informed plea.
