LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Arraignment — Interpretation of Proceedings — Absence of Certificate of Interpretation
PRINCIPLE STATEMENT
The absence of a certificate or note showing that proceedings were interpreted does not affect the validity of the proceedings, as there is no statutory or constitutional support for such a practice.
RATIO DECIDENDI (SOURCE)
"There is nothing from the record to show that there was no interpretation from Igbo language to English Language and vice versa. The only defect was the absence of a certificate of the trial Judge or note showing that the proceedings was interpreted. There is no doubt there is the useful usual practice to so indicate. There is neither statutory or constitutional support for the practice. The non-compliance with the practice can therefore not affect the validity of the proceedings."
EXPLANATION / SCOPE
The practice of recording a certificate that proceedings were interpreted is a useful practice but has no statutory or constitutional basis. The absence of such a certificate does not invalidate the proceedings. The court may infer from the record that interpretation was provided. The accused must show actual prejudice or that no interpretation occurred. The principle prevents technical reversals based on omission of a non-mandatory recording practice. The record must still show that the accused understood the proceedings. The presumption of regularity applies. The court will examine the totality of the record, including whether the accused testified and answered questions, to infer that interpretation was provided. The rule balances practicality with constitutional requirements.
CASES APPLYING THIS PRINCIPLE
None recorded.