CRIMINAL PROCEDURE — Arraignment — Requirements — Charge Must Be Read and Explained to Accused in Language He Understands
Principle Statement
The mandatory provisions of Section 215 of the Criminal Procedure Act that the information or charge should be firstly read over to the accused, then secondly, explained to the accused and thirdly, explained to him to the satisfaction of the court […] are provisions considered necessary to ensure that the accused person understands and appreciates what is being alleged against him.
Ratio Decidendi (Source)
Per Tobi, JSC, in Olayinka v. State (2007) NLC-123-279-2003(SC) at pp. 18–19; Paras D–A.
"The mandatory provisions of Section 215 of the Criminal Procedure Act that the information or charge should be firstly read over to the accused, then secondly, explained to the accused and thirdly, explained to him to the satisfaction of the court […] are provisions considered necessary to ensure that the accused person understands and appreciates what is being alleged against him."
Explanation / Scope
The charge must be read and explained to the accused in the language he understands. This ensures the accused knows and appreciates the allegations. The court must be satisfied that the accused understands the charge. Non-compliance with this requirement renders the trial a nullity. This safeguards the accused’s right to a fair trial.
