DR. ATTAHIRU D. BAFARAWA v. THE STATE
(2014)LCN/6884(CA)
RATIO
CRIMINAL LAW: WHETHER AN ACCUSED MUST BE PRESENT IN COURT THROUGHOUT HIS TRIAL
Indeed, it is trite principle of criminal justice that an accused must be present in court throughout his trial except in some special circumstances when the presence of the accused may be dispensed with under the Criminal Procedure Act.
Under section 187 (1) of the Criminal Procedure Code of Sokoto State, however it is not as plain. Section 187 (1) of the Criminal Procedure Code reads; “(i) When the High Court is ready to commence the trial the accused shall appear or be brought before it and the charge shall be read out in court and explained to him and he shall be asked whether he is guilty or not guilty of the offence or offences charged”
The question then is when is the High Court ready to commence trial? The answer in my view is when the court is ready to hear the parties. According to Black’s Law Dictionary 6th edition, a trial is a judicial examination and determination of issues between the parties either civil or criminal whether of law or facts. “It appears to me however that when jurisdictional issues are raised and yet to be determined, the High Court is not ready to commence trial. A trial is a trial when it is conducted by a court with jurisdiction to so do. In which case jurisdictional issues should be determined before commencement of trial. Much as the decision in EDET V STATE (Supra) relied upon by Appellant’s counsel in his brief turned on the interpretation of section 167 of the Criminal Procedure Law of Cross Rivers State, I am of the respectful view, that it is still relevant having regards to the provision of section 187 (1) of the Criminal Procedure Code of Sokoto State. A trial will not include determination of jurisdictional issues since it is the presence of the jurisdiction that makes the court a trial court, and such court would not be ready until the issues are determined. Certainly, a court without jurisdiction cannot comply with the provision of S.187 (1) of the Criminal Procedure Code. Hence determination of jurisdictional issues comes before trial and since the presence of the accused is only required when the High Court is ready to commence trial then when jurisdictional issues are yet to be determined accused presence in court is not mandatory. See also FAWEHINMI V A.G (Supra) and EZEZE V STATE (Supra) relied upon by appellant’s counsel. Per TUNDE O. AWOTOYE, J.C.A
