LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Requirements for Valid Arraignment
PRINCIPLE STATEMENT
By the combined effect of these provisions a valid arraignment of an accused person must satisfy the following requirements: (1) The accused shall be placed before the court unfettered unless the court shall see cause to the contrary or otherwise order. (2) The charge or information shall be read over and explained to him in the language he understands to the satisfaction of the court by the Registrar or other officer. (3) He shall then be called upon to plead instantly thereto. This court has held in a number of cases that these requirements must be satisfied. Nothing should be left to speculation. The records of the trial must show that these conditions are complied with.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Adeniji v. State (2001) NLC-2101999(SC) at p. 5; Paras A–C.
"By the combined effect of these provisions a valid arraignment of an accused person must satisfy the following requirements: (1) The accused shall be placed before the court unfettered unless the court shall see cause to the contrary or otherwise order. (2) The charge or information shall be read over and explained to him in the language he understands to the satisfaction of the court by the Registrar or other officer. (3) He shall then be called upon to plead instantly thereto. This court has held in a number of cases that these requirements must be satisfied. Nothing should be left to speculation. The records of the trial must show that these conditions are complied with."
EXPLANATION / SCOPE
Valid arraignment requires: (1) accused placed before court unfettered; (2) charge read and explained in language accused understands, to the court’s satisfaction, by Registrar or officer; (3) accused called upon to plead instantly. The record must show compliance—nothing left to speculation. These requirements are mandatory. Failure renders proceedings a nullity. The accused must understand the charge to plead effectively. The court must satisfy itself of understanding. The language requirement is critical for non-English speakers. The plea must be recorded. The principle ensures fair hearing from the outset. The prosecution and court must strictly comply. Any deviation invalidates the trial, regardless of the accused’s guilt.