LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Plea Taking — Consequences of Non-Compliance with Section 215 — Nullity of Trial
PRINCIPLE STATEMENT
Non-compliance with Section 215 of the Criminal Procedure Law and Section 33(6)(a) of the 1979 Constitution vitiates the trial and renders the whole trial null and void, including proceedings in the court below based on that trial.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Tobby v. State (2001) NLC-412000(SC) at p. 8; Paras A–B.
"I agree with the learned appellant's counsel that there was non-compliance with the provisions of sections 215 of the Criminal Procedure Law and 33(6)(a) of the 1979 Constitution. It vitiated the trial of the appellant and rendered the whole trial null and void and also the proceedings in the court below based on that trial."
EXPLANATION / SCOPE
Non-compliance with Section 215 and constitutional fair hearing provisions vitiates the entire trial. The trial is null and void from inception. All subsequent proceedings, including appeals based on that trial, are also null and void. The defect cannot be cured by any later action. The accused is entitled to be retried properly if the evidence justifies it. The principle ensures strict compliance with procedural safeguards. The court will set aside the conviction. The prosecution cannot argue that the accused was not prejudiced. The right to understand the charge is fundamental. The record must show compliance; absence of such record is fatal.