LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Taking of Plea – Defective Plea Renders Trial a Nullity
PRINCIPLE STATEMENT
Where the plea of an appellant had been defectively taken in violation of the statutory provisions of the law earlier quoted, the whole trial, conviction and sentence passed on the appellant based on such defective plea amounts to a nullity.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Rufai v. State (2001) NLC-2832000(SC) at p. 12; Paras C–D.
"Where the plea of an appellant had been defectively taken in violation of the statutory provisions of the law earlier quoted, the whole trial, conviction and sentence passed on the appellant based on such defective plea amounts to a nullity."
EXPLANATION / SCOPE
A defective plea—taken in violation of statutory provisions—renders the entire trial, conviction, and sentence a nullity. The defect is fundamental and incurable. The proceedings are void from inception. The accused cannot be said to have had a fair trial if the plea was not properly taken. The nullity applies regardless of the strength of evidence or guilt. The remedy is to set aside all proceedings and order a fresh trial if permissible. The principle ensures strict compliance with procedural safeguards protecting the accused. The prosecution cannot rely on subsequent events to cure the defect. The right to proper arraignment is substantive, not merely technical.