LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Plea Taking — Requirements for Valid Plea in Criminal Trials — Mandatory Nature of Section 215 of Criminal Procedure Law
PRINCIPLE STATEMENT
The requirements of Section 215 of the Criminal Procedure Law are mandatory: the accused must be placed before the court unfettered, the charge must be read and explained in the language he understands, and he must be called upon to plead; failure to satisfy any requirement renders the whole trial null and void.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Tobby v. State (2001) NLC-412000(SC) at p. 7; Paras A–C.
"A trial court must comply with the following essential requirements: (a) the accused must be placed before the court unfettered unless the court shall see cause otherwise to order; (b) the charge or information must be read over and explained to the accused to the satisfaction of the court by the registrar or other officer of the court; and (c) it must be read and explained to him in the language he understands; (d) the accused must be called upon to plead thereto unless there exists any valid reason to do otherwise such as objection to want of service where the accused is entitled by law to service of a copy of the information and the court is satisfied that he has in fact not been duly served therewith. The above-stated requirements of the law is mandatory and must therefore be strictly complied with in all criminal trials. As they have been specifically provided to guarantee the fair trial of an accused person and to safeguard his interest at such a trial, failure to satisfy any of them will render the whole trial defective and null and void."
EXPLANATION / SCOPE
Section 215 imposes mandatory requirements for valid arraignment. The accused must be unfettered, the charge read and explained in a language they understand, and they must be called upon to plead. The requirements are designed to guarantee fair trial. Failure to comply with any requirement renders the entire trial null and void. The court cannot cure the defect. The principle applies to all criminal trials. The judge must ensure compliance is recorded. The accused’s apparent guilt does not excuse non-compliance. The prosecution cannot waive the requirements. The remedy is to set aside the conviction and order a fresh trial if permissible. The rule protects the accused’s right to understand the charge.