What is Arraignment? Understanding the Process in the Nigerian Legal System
Arraignment is a crucial stage in the criminal justice process, marking the formal commencement of a trial. It ensures that a defendant is brought before a court of law, informed of the charges against them, and given the opportunity to enter a plea. This article explores the meaning of arraignment, the steps leading up to it, and its significance in the Nigerian legal system.
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1. The Pre-Arraignment Process
Before discussing what arraignment is, it’s important to understand the legal steps that precede it.
a. Investigation and Legal Advice
When an alleged crime is reported, law enforcement agencies conduct an investigation to gather evidence. The investigation involves collecting witness statements, forensic analysis, and any other relevant materials that can establish the facts of the case.
Once the investigation is completed, the case file is forwarded to the appropriate legal authority for legal advice. In Nigeria, this legal advice is typically provided by either:
•The Legal Department of the Nigeria Police Force – which reviews cases to determine whether they should proceed to prosecution, particularly in minor offenses.
•The Director of Public Prosecutions (DPP) – who provides legal guidance, especially in serious criminal matters, ensuring that charges are only filed when there is sufficient evidence to support prosecution.
Example: The Case of Prema David
In the case of Prema David, law enforcement gathered substantial evidence linking him to a financial fraud scheme. After reviewing the evidence, the legal department determined that the case required DPP review. Upon assessment, the DPP confirmed that there was enough proof to sustain charges and recommended prosecution.
b. Filing Charges
Based on the legal advice received, the prosecution proceeds to file formal charges against the defendant. These charges outline the specific offenses committed, the relevant legal provisions, and the penalties prescribed under the law.
Once charges are filed, the case is assigned to a specific court of law, and a date is set for the defendant’s arraignment.
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2. Serving the Defendant
For arraignment to take place, the defendant must be officially notified of the charges. This is done by serving them with a court summons, which provides details of the case and the court date. The Investigating Police Officer (IPO) or relevant court official is responsible for serving the defendant with a court summons. This is an official document informing the defendant of the charges and requiring them to appear in court on a specified date.
However, in some instances, defendants attempt to evade service to delay or frustrate legal proceedings.
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3. What Happens When a Defendant Evades Service?
If a defendant deliberately avoids being served with the court summons, the prosecution has the legal right to apply for substituted service.
a. What is Substituted Service?
Substituted service is a legal method used to notify a defendant of their court case when direct service is not possible. This can be done by:
•Delivering the summons to the defendant’s last known address, workplace, or a family member.
•Publishing the court notice in a national newspaper.
•Posting the notice on the defendant’s residence or any other method permitted by the court.
In the case of Prema David, after multiple unsuccessful attempts to serve him personally, the prosecution applied for substituted service to his last known address. This ensured that the case could proceed without unnecessary delays caused by the defendant’s evasion.
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4. The Arraignment Process
Once the defendant is served, the court proceeds with the arraignment, which follows these key steps:
1.Reading of Charges – The court clerk reads the formal charges against the defendant in open court.
2.Defendant’s Plea – The defendant must respond by pleading either:
•Guilty, leading to immediate sentencing.
•Not Guilty, which means the case proceeds to trial.
3.Bail Consideration – Depending on the nature of the offense, the court may grant or deny bail.
At this stage, the legal process shifts towards pre-trial motions, evidence presentation, and eventual judgment.
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5. Why Arraignment is Important
What is arraignment without due process? This stage plays a key role in protecting the rights of the accused and ensuring fair hearings. Arraignment guarantees that:
•That the accused is informed of the charges against them.
•That they are given the opportunity to enter a plea.
•That the case moves forward within the framework of justice.
By following due process, the legal system ensures fairness and accountability, preventing arbitrary detention and ensuring that accused persons receive a fair hearing.
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Conclusion
Now that we have answered what is arraignment, it is clear that this process is fundamental to criminal justice. From investigation and legal advice to filing charges and serving the defendant, each step ensures that justice is pursued in a lawful and transparent manner. In cases like Prema David’s, where defendants attempt to evade service, the law provides alternative means to ensure they are brought before the court.
Understanding arraignment helps in appreciating its role in ensuring fair trials and accountability in the legal system.
