LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Plea Taking — Record of Plea — Sufficiency of Recording
PRINCIPLE STATEMENT
The purported plea recorded by the trial judge that does not satisfy the conditions laid down in Section 215 is a mockery of what a plea under the law should be.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Tobby v. State (2001) NLC-412000(SC) at p. 6; Paras D–E.
"The purported plea of the appellant as recorded by the learned trial judge... does not pretend to satisfy the conditions laid down in section 215. If anything, it is a mockery of what a plea under the law should be."
EXPLANATION / SCOPE
A plea that does not comply with Section 215 is legally insufficient. The record must show that the charge was read and explained to the accused in a language he understands, and that the accused pleaded understandingly. A perfunctory or incomplete record is a “mockery” of the plea requirement. The court will not accept a mere formality. The record must be clear and complete. The accused’s response alone is insufficient without evidence of proper explanation. The principle ensures that the plea is meaningful and informed. The appellate court will examine the record strictly. If the record does not show compliance, the trial is null and void. The accused is entitled to a proper arraignment.