Trial: Arraignment, Preparation, Evidence & Defence
- PART I: Attendance of Parties & Arraignment -
Parties to a Criminal Trial
Parties are the complainant and the defendant. The victim is NOT a party - merely a person who has an interest in the matter. The parties must be present.
1. Presence of Defendant
The defendant must be present throughout the whole proceedings - S208 ACJL Lagos; S266 ACJA.
Adeoye v State (1999); Lawrence v King - Bar Part II Focus
Trial in absentia is a procedure unknown to our law. The defendant must always be in court from arraignment to sentence or discharge. Even when trial leaves the courtroom (e.g. locus in quo), the defendant must be in such place.
Exceptions When Presence May Be Dispensed With - MOUWA-3
- Misconduct at trial - interruptions rendering presence impracticable - S208 ACJL;
- Offences of ₦10,000 / 6 months - defendant may plead guilty in writing OR by LP - S135 ACJA. Cannot be sentenced in absentia;
- Unsound mind - court may dispense with presence;
- Interlocutory application - preliminary objection on jurisdiction - S266(b) ACJA; S268(b) ACJL Kano;
- After 2 adjournments under ACJA - defendant on bail fails without explanation - S352(4) ACJA;
- Under ACJL Lagos - 3 days’ notice served and absent at hearing - S256 ACJL.
Trial may continue in absentia, but SENTENCE must be delivered in the presence of the defendant - S352(5) ACJA. Defendant must be re-arrested or surrender before sentence pronounced. Lawrence v King (1933): appeal allowed when Magistrate altered sentence without appellant in court.
Capital offence: both defendant AND counsel must be present throughout - trial of murder cannot continue in absence of counsel – Josiah v State; calling witnesses without counsel is nullity – Muhammed v State.
Steps Where Defendant Fails to Attend
- Adjourn - cogent reasons given - S352(1)(b) ACJA;
- Warrant of arrest where summons duly served - S352(1)(a) ACJA; S94 ACJL; S96 CPL;
- Continue trial after 2 adjournments - S352(4) ACJA;
- Reproduction warrant - directed to prison if not on bail.
A bench warrant is issued when defendant jumps bail, NOT when he simply fails to appear after summons.
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