LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Requirements for a Valid Arraignment
PRINCIPLE STATEMENT
For a valid arraignment, the accused must be placed before the court unfettered, the charge must be read and explained to his satisfaction by the registrar, and he must be called upon to plead instantly. Failure to comply with any of these conditions renders the whole trial a nullity.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC (cited with approval by Iguh, JSC), in Kalu v. State (1998) NLC-241996(SC) at p. 51; Paras A–C.
"For a valid and proper arraignment of an accused person, the following conditions as contained in the section mentioned (supra), must be satisfied: 1. he shall be placed before the court unfettered unless the court shall see cause to otherwise order; 2. the charge or information shall be read over and explained to him to the satisfaction of the court by the registrar or other officer of the court; and 3. he shall then be called upon to plead instantly thereto... Failure to comply with any of these conditions will render the whole trial a nullity."
EXPLANATION / SCOPE
Arraignment requirements are mandatory. Non-compliance nullifies the trial. The principle applies to all criminal trials. The accused must understand the charge. The court must ensure compliance. The rule protects the accused’s right to a fair trial. The defect cannot be cured. The principle is fundamental.