DURUAKU EKE V UDEOZOR OKWARANYIA
June 24, 2025DANIEL BASIL VS CHIEF LASSI FAJEBE
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 17111
In the Supreme Court of Nigeria
Fri Apr 27, 2001
Suit Number: SC. 41/2000.
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
PAULINUS TOBBY (ALIAS UDO EBBY) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The arraignment of the appellant did not indicate that the charge was read and explained to him as required by section 215 of the Criminal Procedure Act
HELD
The court allowed the appeal and declared the trial a nullity. ?
ISSUES
Whether the entire proceedings before the trial court and the Court of Appeal was (sic) not illegal, unconstitutional, null and void, having been conducted in violation of:-(i) Section 215 of the Criminal Procedure Law of Cross River State;(ii) Section 33(6)(a) and (e) of the 1979 Constitution. (Ground 5)?
RATIONES DECIDENDI
REQUIREMENT OF A VALID ARRAIGNMENT AND EFFECT OF NON- COMPLIANCE
A trial court must comply with the following essential requirements:
(a)the accused must be placed before the court unfettered unless the court shall see cause otherwise to order;
(b) the charge or information must be read over and explained to the accused to the satisfaction of the court by the registrar or other officer of the court;and
(c) it must be read and explained to him in the language he understands;
(d) the accused must be called upon to plead thereto unless there exists any valid reason to do otherwise such as objection to want of service where the accused is entitled by law to service of a copy of the information and the court is satisfied that he has in fact not been duly served therewith.
The above-stated requirements of the law are mandatory and must therefore be strictly complied with in all criminal trials. As they have been specifically provided to guarantee the fair trial of an accused person and to safeguard his interest at such a trial, failure to satisfy any of them will render the whole trial defective and null and void.- Ogwuegbu J.S.C
CASES CITED
1. Kajubo v. The State (1988) 1 NWLR (Pt. 73), 2. EreKanuze v. The State (1993) 5 NWLR (Pt. 294) 385,3. Effiom v. The State (1995) 1 NWLR (Pt. 373) 507, 4. Ewe v. The State (1992) 6 NWLR (Pt. 246) 147,5. Okoro v. The State(1998)14 NWLR(Pt.584)181 6. Ogunye & Ors. v. The State(1999) 4S.C.30 (1999) 5 NWLR. (Pt. 604)548?
STATUTES REFERRED TO
The Criminal Procedure Act?
