DR. T. E. A SALUBI V MRS. BENEDIATA E. NWARIAKU
June 17, 2025ALHAJI AMINU DANTSOHO V. ALHAJI ABUBAKAR MOHAMMED
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 37169
In the Supreme Court of Nigeria
Fri Feb 28, 2003
Suit Number: SC.259/2000
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
ALOYSIUS IYOGRYER KATSINA-ALU, JUSTICE, SUPREME COURT
PARTIES
GOZIE OKEKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and some other treaded in foreign money, the traders contributed foreign monies, for the deceased to take to Lagos for the same business in foreign exchange. The appellant offered the deceased a lift to Enugu in a car he borrowed few kilometers away, the appellant took out the motor jack and hit the deceased on the head.
HELD
The court found no merit in this appeal and I dismiss it. I affirm the decision of the trial court as upheld by the Court of Appeal.
ISSUES
Whether the appellant had been tried within a reasonable time pursuant to Section 33(4) of the 1979 Constitution?Whether there was a valid arraignment or plea of the appellant at the trial court, pursuant to Section 33 (of the) Criminal Procedure Law, and Section 33(6) of the 1979 Constitution??
RATIONES DECIDENDI
REQUIREMENTS OF A PROPER ARRAIGNMENT:
“1. The accused person shall be present in court unfettered unless the court shall see cause to otherwise order that he be fettered. The requirement that an accused person shall be present in court marks a difference between our criminal jurisprudence and that of jurisdictions where trial in absentia is allowed.
2. The charge or information shall be read over and explained to him in the language he understands to the satisfaction of the court, by the registrar or other officer of the court. There are two limbs of this requirement –
(a) that the charge or information shall be read over to the accused person and
(b) that the charge or information shall be explained to him in the language he understands, to the satisfaction of the court.
3. The accused person shall then be called upon to plead instantly thereto unless there are valid reasons to do otherwise as provided in the Law itself.” Belgore, JSC.
MEANING OF “REASONABLE TIME”
“Reasonable time” depends on nature of a case. How many witnesses testified and the number of exhibits involved and their effect on possibility of trial Judge losing track of the scenario of the case. Were the accused persons numerous that a possibility exists that what witnesses said on each accused is lost in recollection of the trial judge? All these are weighed against the length of the trial.” Belgore, JSC
PLEA TAKING
The charge must be read and explained to the accused, and if there is no objection by counsel or the accused person, there is clear presumption of regularity that all that must be done to let the accused know the charge against him has been done. In that wise it is presumed the accused understood the charge which has been read and explained to him and the court was equally satisfied the charge was understood by the accused. All these conditions must be satisfied.S.M.A. Belgore J.S.C.
CASES CITED
1. Kajubo V. The State (1988) 1 NWLR (Pt. 73) 7212. Eyorokoromo V. The State (1979) 6-9 SC 33. Ogodo Ebem V. The State (1990) 7 NWLR (Pt. 1260) 113)4. Erakanure V. The State (1993) 5 NWLR (Pt. 294) 385,5. Kalu V. The State (1998) 13 NWLR (Pt. 583) 5316. Ozuluonye & Ors. V. The State (1983) 4 NCLR (ALR) 204?
STATUTES REFERRED TO
1. Criminal Procedure Law2. 1979 Constitution?
