LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Taking of Plea – Language of Accused Must Be Ascertained and Used
PRINCIPLE STATEMENT
All the pieces of evidence referred to go to show that the 1st accused/appellant understands no other language than Yoruba I need not emphasize that the language in the High Court in Nigeria is English. This is a notorious fact. The record did not show that the charge was read and explained to the appellant in Yoruba language in compliance with section 215 Criminal Procedure Law and Section 33 (6)(a) of the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Rufai v. State (2001) NLC-2832000(SC) at p. 7; Paras B–D.
"All the pieces of evidence referred to go to show that the 1st accused/appellant understands no other language than Yoruba I need not emphasize that the language in the High Court in Nigeria is English. This is a notorious fact. The record did not show that the charge was read and explained to the appellant in Yoruba language in compliance with section 215 Criminal Procedure Law and Section 33 (6)(a) of the 1979 Constitution."
EXPLANATION / SCOPE
The accused’s language must be ascertained and the charge read and explained in that language. English is the language of the High Court, but if the accused does not understand English, the charge must be translated. The record must show compliance. Failure to do so violates Section 215 of the Criminal Procedure Law and Section 33(6)(a) of the Constitution (right to interpreter). The court cannot assume the accused understood English. The burden is on the prosecution to prove proper explanation. The principle protects non-English speaking accused persons from being tried without understanding the charge. A defective plea based on language misunderstanding invalidates the trial.