LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Rights of Accused — Interpretation of Documents — Role of Interpreter — Sections 241 and 242 of Criminal Procedure Code
PRINCIPLE STATEMENT
When a document written in any language other than English is to be put in evidence, it must be translated into English. The interpreter must be called to give evidence, state his qualifications, and be examined and cross-examined. Section 242 requiring the interpreter to be sworn is mandatory.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Damina v. The State (1995) NLC-1191994(SC) at pp. 31–32; Paras. D–B.
"When a document written in any language other than English is to be put in evidence, it must be translated into English. The interpreter or translator must be called to give evidence, in the course of which he will be expected to state the qualification which makes him a competent interpreter or translator, and he will be examined, cross-examined and re-examined by the parties in order to ensure that he has done a good job of the translation. The provisions of Section 242 of the Criminal Procedure Code requiring an interpreter to be bound by oath or solemn affirmation to state the true interpretation are mandatory."
EXPLANATION / SCOPE
Foreign language documents require translation by a sworn interpreter. The interpreter must testify and be cross-examined. The principle applies to all criminal trials. The mandatory provisions protect the accused’s right to understand evidence. Failure to comply may render the evidence inadmissible. The rule ensures accurate translation. The accused may challenge the translation. The court cannot rely on unsworn translation.