APPROPRIATE TIME TO RAISE AN OBJECTION AS TO PROCEDURAL IRREGULARITY

LAWS ARE MADE TO BE OBEYED

In the interpretation of the above provision, it must be borne in mind that prima facie the Laws are made to be obeyed. All persons, authorities, agencies of government and government must obey the laws of the land. It is the degree of obedience accorded to the laws of the land that distinguishes the state of development in a given country. When laws are not obeyed, anarchy sets in.

— Oguntade, JSC. Buhari v. INEC (2008) – SC 51/2008

CRIMINAL TRIAL IS FROM ARRAIGNMENT TO CONVICTION; THE FINAL ADDRESS IS PART OF THE TRIAL

I make haste to state here that the criminal trial of every accused person begins with arraignment and culminates with conviction and sentence in judgment. In the precedent relied upon by the Respondent’s learned Counsel, STATE v. LAWAL (2013) 7 NWLR (FT. 1354) AT PP.586, Mohammad, JSC, defined criminal trial to mean “the whole of the proceedings including the judgment and sentence” This therefore has been the constitutionally inalienable right enjoyed by every accused person. It is the Respondent’s constitutional right to be heard through his written/oral address or Counsel’s address on his behalf. Section 294(1) of the 1999 Constitution (as amended) contemplated written address or Counsel’s address to be part of the criminal trial or proceedings, when it provides that: Section 294 (1) Every Court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof. Per NNAEMEKA-AGU, JSC in NDU v. STATE (1990) LPELR-1975(SC) (P. 45, PARAS. A-C) relying on Obodo v. Olomu and Anor (1987) 3 N.W.L.R. (Pt.59) 111, at p. 123-124, re-iterated this point thus: …this Court has stated before, the addresses of Counsel are an essential part of the trial. That can be the only possible inference from the fact that the constitution itself used the conclusion of addresses as a very important determinant of the time limit for delivery of judgments under Section 258 of the Constitution of 1979. See also STATE v. LAWAL (2013) 7 NWLR (PT. 1354) AT PP.585, wherein this Honourable Court held that “addresses by parties or their Counsel are an integral part of the hearing or trial of an accused person.”

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

ACQUIESCENCE TO IRREGULARITY

Sonuga and Ors v. Anadein (1967) NMLR 77 at 79, the Supreme Court per Lewis, J.S.C. said: “In the appeal before us, the question appears to be, is it right for the defendant to take advantage of an irregularity he had himself accepted and had acted on it, without any harm done to him? We think it is now too late for him to raise an objection.”

RULES OF COURT ARE MEANT TO BE OBEYED

In SOLANKE VS. SOMEFUN (1974) 1 SC 141, Sowemimo, JSC (as he then was) opined: “Rules of Court are meant to be complied with … Rules of Court are made to be followed. They regulate matters in Court and help parties to present their case for purpose of a fair and quick trial. It is the strict compliance with these rules of Court that makes for quicker administration of justice.”

PROCEDURAL IRREGULARITY

It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988)