UNIT 9

TRIAL (ATTENDANCE OF PARTIES AND ARRAIGNMENT)

In criminal litigation, the trial phase is crucial as it determines the guilt or innocence of the accused. The trial process in Nigeria is governed by the administration of criminal justice act (ACJA) 2015, the criminal procedure act (CPA), the criminal procedure code (CPC), and the constitution of the federal republic of Nigeria 1999 (as amended). Two key aspects of the trial process are the attendance of parties and arraignment.

1. Attendance of parties: The presence of the accused at trial is essential in ensuring a fair trial. The Nigerian legal system mandates the attendance of the accused and the prosecution at all stages of the trial.
   
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   1. Accused person: The attendance of the accused at trial is a fundamental right under Nigerian law. See section 36(6) of the 1999 constitution which guarantees the right of an accused person to be present during their trial, section 266 of the ACJA 2015 which states that the trial of a person shall not take place in their absence, except in specific circumstances such as when the accused is disruptive or refuses to attend after being informed of the trial and section 22 of the CPA which also emphasizes that no person shall be tried in absentia, except as provided by law.
      However, there are exceptions to this rule provided under section 352(4) of the ACJA 2015, where the court may proceed with the trial in the absence of the accused if the accused’s absence is deliberate and without just cause. See the case of Iseghohi v. State (1972) 6 SC 13 where the supreme court held that an accused must be present at trial, as their absence could lead to a miscarriage of justice.
   2. Prosecution: The prosecution, usually represented by the state or federal government, must also be present during the trial. The absence of the prosecution without reasonable cause can lead to the adjournment of the trial or even the discharge of the accused. See section 396(1) of the ACJA 2015 which stipulates that the prosecution must be ready to present its case, and unnecessary delays are discouraged to ensure speedy trials.
   3. Witnesses: Both the prosecution and defense are required to ensure that their witnesses are present at trial. The court may issue a summons or a warrant of arrest to compel the attendance of witnesses who fail to appear voluntarily. See section 185 of the CPA provides that witnesses who do not attend court after being served with a summons may be fined or arrested.
2. Arraignment: Arraignment is the formal process by which an accused person is brought before the court to answer charges against them. This is a critical stage of the trial as it sets the stage for the subsequent proceedings.
   
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   1. Procedure for arraignment: The procedure for arraignment is outlined in the ACJA and is similar across various courts in Nigeria. See section 271 of the ACJA 2015 which details the procedure for arraignment to involve the following steps:
      
      1. The charge must be read and explained to the accused in the language they understand.
      2. The accused must be asked whether they understand the charge.
      3. The accused must be called upon to plead to the charge.
      See the case of Eyorokoromo v. State (1979) 6-9 SC 3 where the supreme court emphasized that the charge must be read and explained to the accused in a language they understand to ensure a fair trial.
   2. Plea of the accused: The plea of the accused is a critical part of the arraignment. The accused can plead guilty, not guilty, or enter a special plea. See section 274 of the ACJA 2015 which provides that if the accused pleads guilty, the court may proceed to convict them without calling for further evidence. However, if the accused pleads not guilty, the trial will proceed to the hearing of evidence.
   3. Defective arraignment: If the arraignment is not properly conducted, it can lead to a mistrial. For example, if the charge is not read to the accused in a language they understand, the entire trial could be declared null and void. See the case of Kajubo v. State (1988) 1 NWLR (Pt. 73) 721 where the court held that a defective arraignment process could invalidate the entire trial. The charge was not properly read and explained to the accused, leading to a miscarriage of justice.

CONCLUSION

The attendance of parties and the proper conduct of arraignment are foundational to ensuring that the trial is fair and just. The Nigerian legal framework provides clear guidelines to protect the rights of the accused while ensuring that justice is served. Any deviation from these procedures can have significant implications on the validity of the trial, as illustrated by the cases discussed.