LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Arraignment — Validity of Arraignment — Presumption of Regularity Where Charge Read and Plea Taken
PRINCIPLE STATEMENT
In the absence of contrary evidence, when the charge is read to the accused, he pleads, the court records his plea, and proceeds to trial, the presumption is that the court was satisfied that the charge was explained to the accused.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Solola & Anor v. State (2005) NLC-2682003(SC) at pp. 5–6; Paras E–A.
"In the absence of any evidence to the contrary, when the charge is read to the accused person and he makes his plea and the court records his plea and thereafter proceeds to trial, the presumption is that the court is satisfied that the charge was explained to the accused to its satisfaction."
EXPLANATION / SCOPE
Presumption of regularity applies when charge read and plea taken. The court is presumed satisfied with explanation. The principle applies to criminal procedure.
