WHERE ACCUSED PLEADS GUILTY TO AN OFFENCE

The law is settled that if an accused person pleads guilty to an offence with which he is charged, the Court shall record his plea as nearly as possible in the words used by him and if satisfied that he intended to admit the truth of all the essentials of the offence of which he had pleaded guilty, the Court shall convict him of that offence and pass sentence against him unless there appear sufficient cause to the contrary. See Daniel v. F.R.N (2015) 13 NWLR (pt. 1475) 119; Kolo v. COP (2017) 9 NWLR (pt. 1569) 118.

– J.I. Okoro JSC. Balogun v. FRN (2021)

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ACCUSED DUTY TO LET THE COURT KNOW HE DOES NOT UNDERSTAND THE LANGUAGE-USED

Appellant’s counsel is vehemently holding unto the position that it was the duty of the trial Court to make available to the Appellant the services of an interpreter because he is an illiterate. It must be pointed out that where the accused does not understand the language used at his trial, it is his duty or his counsel’s duty to bring to the notice of the Court at the earliest opportunity, that he does not understand the language used at trial. I think the duty of ensuring that the right thing is done is not only on the trial Judge. It is a duty as well on a party to a case or his counsel if represented by one.

– A. Jauro JSC. Balogun v. FRN (2021)

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EVERY RULE IN FAVOUR OF AN ACCUSED MUST BE METICULOUSLY OBSERVED

Under our system, there is no onus on an accused to prove his innocence. The law presumes him innocent. There is thus no duly on the accused to help the prosecution prove him guilty. Our law is against self-incrimination. It is in the interest of justice that every rule in favour of an accused person is meticulously observed and that no rule is broken to his prejudice. The least that the trial court could have done for the appellant whose life was at stake, (he was standing trial for his very life) was to inform him of his rights under S.287(1) and it should be apparent on the record that each alternative was explained to the appellant since he was not represented by a legal practitioner.

— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984

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SUFFICIENTLY RECOGNISED THE ACCUSED PERSON

I quite agree with Aderemi, JSC, when he stated in NDIDI v. THE STATE (supra) that a trial Judge must not only warn himself but must meticulously examine the evidence proffered to see whether there are any weaknesses capable of endangering or rendering worthless any contention that the accused person was sufficiently recognised by the witness.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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PERSON ACCUSED OF CRIME STILL HAS ACCESS TO ENFORCE HIS RIGHTS

The fact that a person has been accused of a crime, however serious, will not deny that person access to Court to enforce his fundamental right if these rights have been violated. See Duruaku v. Nwoke (2015) 15 NWLR (Pt. 1483) 417.

– Ngwuta JSC. Ihim v. Maduagwu (2021)

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ESSENCE OF AN ACCUSED BEING PRESENT AT HIS CRIMINAL TRIAL

The trial Court having conducted the proceedings of 20/11/2015 in the absence of the Respondent jumped the guns and breached his constitutional right. The essence of the presence of an accused throughout his trial is to afford him an adequate opportunity to play his statutory role and liberty to respond at every stage of the proceedings personally or through a legal practitioner of his own choice for the purpose of ensuring fair hearing.

— U.M. Abba Aji, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)

ACCUSED WHO PLEADS GUILTY CAN BE CONVICTED SUMMARILY

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WHERE ACCUSED PLEADS GUILTY TO AN OFFENCE

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ACCUSED DUTY TO LET THE COURT KNOW HE DOES NOT UNDERSTAND THE LANGUAGE-USED

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EVERY RULE IN FAVOUR OF AN ACCUSED MUST BE METICULOUSLY OBSERVED

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SUFFICIENTLY RECOGNISED THE ACCUSED PERSON

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PERSON ACCUSED OF CRIME STILL HAS ACCESS TO ENFORCE HIS RIGHTS

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ESSENCE OF AN ACCUSED BEING PRESENT AT HIS CRIMINAL TRIAL

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