Principle Statement

The requirements of a valid arraignment are set out by Ogwuegbu JSC in the case of Tobby v. State (2001) 10 NWLR Part 720 page 23 at page 33 as follows: (a) the accused must be placed before the court unfettered unless the court shall see cause otherwise to order; (b) the charge or information must be read over and explained to the accused to the satisfaction of the court by the registrar or other officer of the court; (c) It must be read and explained to him in the language he understands; (d) the accused must be called upon to plead thereto unless there exists any valid reason to do otherwise… The above stated requirement of the law are mandatory and must therefore be strictly complied with in all criminal trials. As they have been specifically provided to guarantee the fair trial of an accused person and to safeguard his interest as such a trial, failure to satisfy any of them will render the whole trial defective and null and void.

Ratio Decidendi (Source)

Per Mukhtar, JSC, in Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC) at p. 10; Paras A–D.

"The requirements of a valid arraignment are set out by Ogwuegbu JSC in the case of Tobby v. State (2001) 10 NWLR Part 720 page 23 at page 33 as follows: (a) the accused must be placed before the court unfettered unless the court shall see cause otherwise to order; (b) the charge or information must be read over and explained to the accused to the satisfaction of the court by the registrar or other officer of the court; (c) It must be read and explained to him in the language he understands; (d) the accused must be called upon to plead thereto unless there exists any valid reason to do otherwise… The above stated requirement of the law are mandatory and must therefore be strictly complied with in all criminal trials. As they have been specifically provided to guarantee the fair trial of an accused person and to safeguard his interest as such a trial, failure to satisfy any of them will render the whole trial defective and null and void."
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Explanation / Scope

This principle establishes the mandatory requirements for a valid arraignment. The accused must be placed before the court unfettered. The charge must be read and explained to the satisfaction of the court in a language the accused understands. The accused must be called upon to plead. These requirements are mandatory and strictly complied with to guarantee fair trial. Failure to satisfy any requirement renders the trial defective and void. The principle applies in all criminal trials. It protects the accused’s right to fair hearing and ensures they understand the charges against them.

Cases Applying This Principle

None recorded.