CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – What constitutes a valid arraignment under Section 36 of the 1999 Constitution and Section 309 of the Administration of Criminal Justice Law of Anambra State

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The learned Counsel for the Appellant asserted that the plea in respect of the two counts were not separately read to the Appellant nor was the charge or information explained to him. It is evident from the records of appeal, particularly page 113 of the records that when the charge was read to the Appellant, he appeared to understand the charges and pleaded not guilty. Below is what transpired in Court on the day the plea was taken? “P.N Oforma Esq, Principal State counsel appears for the State. C.O Odumgbe Esq appears for the defendant Learned prosecution counsel applies to withdraw his charge filed 2/10/o9 and substitute it with the information filed 19/7/12. No objection. Court: Order is granted as prayed Plea: charge read in English language and interpreted in lgbo language to the defendants. Both defendants plead not guilty to all counts.” From the above, it is clear that the requirements of section 36 (6) (a) and section 309 of the Administration of Criminal Justice Law of Anambra State were fully complied with. I do not agree with the learned Counsel for the Appellant that the charges were not read and explained to the appellant. An Arraignment would be valid when the charge is read and explained to the accused person in the language he understands, and he is allowed to enter a plea of guilty or not guilty. The charge was read and interpreted to the Appellant in lgbo language. He pleaded not guilty to the charge, from the records of the Court it is very clear to me that the charge was read and explained to the Appellant and he understood the charge. See: TIMOTHY V FRN (2012) 6 SC (PT. 11) P. 159; ADEWUNMI V STATE (2016) 1-3 SC (PT. I) P.123 DAUDA V.FRN (2017) 2-3 SC (PT. I1) P. 158.Per TIJJANI ABUBAKAR, JSC in PATRICK EZERIKE V. THE STATE (2022-LCER-46643-SC) at Pp. 16-18; Paras. F-B.

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CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – What constitutes a valid arraignment under Section 36 of the 1999 Constitution and Section 309 of the Administration of Criminal Justice Law of Anambra State

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