Principle Statement

The arraignment and taking of the plea of an accused person is the very commencement of a criminal trial. It is the stage when the accused appears at court, the charge is explained to his understanding, and he pleads thereto in person and not even through his counsel. It is a very fundamental aspect of any criminal proceedings, underscoring the need for strict and mandatory compliance. Any criminal trial, no matter how well conducted, without the plea of the accused person first and properly taken is a nullity.

Ratio Decidendi (Source)

Per Tabai, JSC, in Edibo v. State (2007) NLC-123-284-2003(SC) at p. 9; Paras B–C.

"The arraignment and taking the plea of an accused person is the very commencement of a criminal trial. It is the stage when the accused person appears at the court; the charge explained to his understanding and pleads thereto in person and not even through his counsel. It is a very fundamental aspect of any criminal proceedings and that underscores the need for the strict and mandatory compliance in matters relating thereto. Thus any criminal trial, no matter how well conducted, without the plea of the accused person first and properly taken is a nullity."
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Explanation / Scope

Arraignment is the foundation of a criminal trial. It ensures that the accused is personally informed of the charges, understands them in his own language, and has the opportunity to respond. The accused must plead in person—counsel cannot plead for him. The requirements are mandatory and cannot be waived or relaxed. Without a valid arraignment and plea, the trial has not legally commenced. Any subsequent proceedings, including the taking of evidence and the delivery of judgment, are null and void. This protects the accused’s right to a fair trial and ensures that convictions are based on a proper legal foundation.

Cases Applying This Principle

Simon Edibo v. The State