CRIMINAL PROCEDURE — Arraignment — Requirements for Valid Arraignment Under Section 215 of the Criminal Procedure Act
Principle Statement
For a valid arraignment under section 215 of the Criminal Procedure Act, three requirements must be satisfied: (1) The accused shall be placed before the court unfettered; (2) The charge shall be read and explained to him to the satisfaction of the court; and (3) The accused shall then be called upon to plead instantly.
Ratio Decidendi (Source)
Per Iguh, JSC, in Amala v. State (2004) NLC-2312002(SC) at pp. 21–22; Paras E–A.
"It has been repeated times without number by this court that a close study of section 215 of the Criminal Procedure Act discloses that for a valid arraignment of an accused person before a trial court, three essential requirements must be satisfied. These are as follows— 1. The accused person shall be placed before the court unfettered unless the court shall see cause otherwise to order. 2. The charge or information shall be read over and explained to him to the satisfaction of the court by an appropriate officer of such a court and; 3. The accused person shall then be called upon to plead instantly thereto (unless, of course, an objection in respect of want of service of a copy of the information is successfully taken)."
Explanation / Scope
Section 215 CPA sets three mandatory requirements for valid arraignment: unfettered presence, charge reading and explanation to court’s satisfaction, and instant plea. Compliance with all three is essential. The principle applies to criminal procedure. The rule protects an accused’s right to understand the charge and plead properly. The court must be satisfied that explanation was understood. Non-compliance may vitiate proceedings.
