CRIMINAL PROCEDURE — Arraignment — Requirements for Valid Arraignment — Non-Compliance Not Fatal Where Accused Understands English
Principle Statement
Where the accused clearly understands English (as evidenced by their pleas, statements to police, and testimony in English), the arraignment is in compliance with the law, even if the record does not explicitly show that the charge was explained in a language the accused understands.
Ratio Decidendi (Source)
Per Kastina-Alu, JSC, in Dibie v. State (2007) NLC-123-103-2005(SC) at p. 6; Paras A–C.
"The appellants in the instant case clearly understood English. The record shows that they made their pleas in English, made statements to the Police in English and they also testified in English. In my judgment, the arraignment of the appellants was in compliance with the law."
Explanation / Scope
A valid arraignment requires that the charge be explained to the accused in the language he understands. Where the accused demonstrates understanding of English throughout the proceedings, the court may presume compliance. Factors showing understanding include making pleas in English, making statements in English, and testifying in English. Non-compliance with formal recording is not fatal if understanding is otherwise shown.
