CONSTITUTIONAL LAW — Fundamental Rights — Right to Public Hearing — Taking of Plea in Judge’s Chambers
Principle Statement
The proceeding wherein the plea of an accused person is taken in a judge's chambers is not only irregular; it is fundamentally defective, rendering the entire proceedings null and void.
Ratio Decidendi (Source)
Per Tabai, JSC, in Edibo v. State (2007) NLC-123-284-2003(SC) at p. 9; Paras A–B.
The proceeding of the 19th of January 1998 wherein the plea of the Appellant and others were taken in the judge's chambers was not only irregular; it was a fundamentally defective rendering the entire proceedings null and void."
Explanation / Scope
The taking of a plea is the commencement of a criminal trial and must be conducted in open court. This is a constitutional requirement under the right to a public hearing. Where the plea is taken in the judge’s chambers, the public is excluded, and the constitutional guarantee is violated. This violation is not a mere procedural irregularity but a fundamental defect that nullifies the entire trial. No matter how well the subsequent proceedings were conducted, the trial cannot stand because it began with a constitutional breach.
