Fact of the Case
The Appellant, Sunday Kajubo was tried by Oshodi, J., of the High Court of Lagos State, Ikeja Judicial Division on a two-count charge of robbery punishable under section 402(2)(a) of the Criminal Code Law, (Cap. 31), Laws of Lagos State. He was found guilty and sentenced to death. His appeal against the conviction and sentence to the Court of Appeal, Lagos Division was also dismissed.
Issue
Are the trial, conviction and sentence passed on the appellant a nullity in view of the omission to comply with the express provisions of section 215 of the Criminal Procedure Law, Cap 32, the omission being to state to the accused the offence for which he was charged and to explain it to him?
Ratio Decidendi
Duty of Court to comply with Mandatory Statutory Provision: A strict compliance with a mandatory statutory requirement relating to the procedure in a criminal trial is a pre-requisite of a valid trial, and where a trial judge proceeded to try the accused without strictly complying with the provisions of section 215 of the Criminal Procedure Law and section 33(6)(a) of the 1979 Constitution, the trial would be declared a nullity by an appeal court.
What an arraignment consist:An arraignment consists of charging the accused and reading over and explaining the charge to him to the satisfaction of the court, followed by taking his plea. The charge or information shall be read over and explained to the Accused to the satisfaction of the court by the registrar or any other officer of the court and he shall then be called upon to plead instantly thereto unless there are valid reasons to do otherwise as provided in s. 100 CPA.
Order for Retrial:An Order for a retrial or a new trial or trial de novo or a venire de novo is an Order that the whole case should be retried or tried de novo or tried anew as if no trial whatever had been had in the first instance.
In light with the above ratio, the Supreme Court unanimously ordered for a retrial at the High Court of Lagos State.
BY: RESOLUTION LAW FIRM.
