JURISDICTION – Criminal Jurisdiction – What confers jurisdiction on the court in criminal trials – Effect of improper arraignment on criminal jurisdiction of the court

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The jurisdiction of a court to try an accused can only be invoked and become exercisable upon the arraignment of the accused before it in open court. Without arraignment, the trial court cannot exercise jurisdiction to try an accused upon any charge in a case before it. Any trial of an accused for an offence that is not preceded by his arraignment in court on a charge of that offence is a nullity, as the absence of arraignment robs the court of jurisdiction to try on that charge and violates the accused’s right to fair hearing prescribed by S.36(a) of the Constitution of the Federal Republic of Nigeria 1999.Per EMMANUEL AKOMAYE AGIM, JSC in AKEEM ABIODUN V. THE STATE (2022-LCER-46641-SC) at Pp. 9-10; paras. E-A.

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JURISDICTION – Criminal Jurisdiction – What confers jurisdiction on the court in criminal trials – Effect of improper arraignment on criminal jurisdiction of the court

PRINCIPLES

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