LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Arraignment — Recording of Plea — Requirement that Each Accused Plead Separately
PRINCIPLE STATEMENT
Each distinct individual accused person must separately plead not guilty after the charge has been read and interpreted; a "block plea" or "communal plea" is not envisaged by the law.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Eyisi & Ors v. State (2000) NLC-1601999(SC) at p. 10; Paras A–B.
"I am of the firm view that the record of the trial court shows that each distinct individual accused person separately pleaded not guilty after the one count charge had been read to them and interpreted to them in Igbo language. The records do not show that there was a block-plea or communal plea as contemplated by the learned counsel for the 2nd appellant."
EXPLANATION / SCOPE
Each accused person must plead separately to the charge. A single collective plea (e.g., “all accused plead not guilty”) is improper. The record must show that each accused individually entered a plea. However, the use of the word “each” in the record (e.g., “each pleads not guilty”) is sufficient to show separate pleas. The principle ensures that each accused’s plea is recorded individually. The requirement protects the rights of each accused. A block plea may render the arraignment defective. The court will examine the record to determine if separate pleas were taken. The presumption of regularity applies. The absence of an express separate plea for each may be cured by the context of the record.