LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Taking of Plea – Requirements of Section 215 Are Mandatory
PRINCIPLE STATEMENT
These requirements are very clear and are all mandatory and not directory as they are each preceded by the word 'shall' This court has in many of its decided cases confirmed that the requirements of the said section 215 are mandatory and failure to comply with any of them in a criminal trial, will render the whole proceedings a nullity.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Rufai v. State (2001) NLC-2832000(SC) at p. 14; Paras B–C.
"These requirements are very clear and are all mandatory and not directory as they are each preceded by the word 'shall' This court has in many of its decided cases confirmed that the requirements of the said section 215 are mandatory and failure to comply with any of them in a criminal trial, will render the whole proceedings a nullity."
EXPLANATION / SCOPE
Section 215 requirements are mandatory, not directory—each is preceded by “shall.” Failure to comply with any requirement renders the whole proceedings a nullity. The word “shall” imposes a binding obligation, not a mere suggestion. The court has consistently held these requirements as mandatory. No substantial compliance is sufficient; strict compliance is required. The nullity cannot be cured by the accused’s subsequent conduct or conviction. The principle protects the accused’s fundamental right to understand the charge and enter a valid plea. The prosecution and court must strictly follow the prescribed procedure. Any deviation invalidates the trial, regardless of the accused’s apparent guilt.