PRINCIPLE STATEMENT

In Kajubo v. The State (1988) 1 NWLR (Pt.73) 721, this court provided the following guide lines on arraignment of an accused person and the taking of his plea:- that the accused person to be tried shall be placed before the trial court unfettered; the charge shall be read and explained to him in the language he understands to the satisfaction of the trial court, by the registrar of the court or other officer of the court, and the accused person shall then be called upon to plead instantly to the charge, and the plea of the accused shall also be instantly recorded.

RATIO DECIDENDI (SOURCE)

Per Wali, JSC, in Rufai v. State (2001) NLC-2832000(SC) at pp. 5–6; Paras D–A.
"In Kajubo v. The State (1988) 1 NWLR (Pt.73) 721, this court provided the following guide lines on arraignment of an accused person and the taking of his plea:- that the accused person to be tried shall be placed before the trial court unfettered; the charge shall be read and explained to him in the language he understands to the satisfaction of the trial court, by the registrar of the court or other officer of the court, and the accused person shall then be called upon to plead instantly to the charge, and the plea of the accused shall also be instantly recorded."
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EXPLANATION / SCOPE

The guidelines for proper arraignment are: (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 instantly recorded. These steps ensure the accused understands the charge and can enter a valid plea. The court must verify the accused’s understanding. The language used must be one the accused comprehends. The record must show compliance. The guidelines are mandatory, not mere suggestions. Failure to follow them invalidates the trial. The principle protects the accused’s right to fair hearing from the outset of proceedings.

CASES APPLYING THIS PRINCIPLE

Isiaka Rufai v. The State