(d) the accused must be called upon to plead thereto unless there exists any valid reason to do
otherwise such as objection to want of service where the accused is entitled by law to service of a
copy of the information and the court is satisfied that he has in fact not been duly served therewith.
Dibie v. State (supra); Effion v. State (1995) 1 NWLR (Pt.373) 507; Adeniyi vs. State (2001) 13 NWLR
(Pt.730) 375. The appellant who was a teacher in the Primary School and has told the court that he
could only speak Hausa and not English should have been assisted by an interpreter. Now the case of
the appellant is like that of Dibie vs. State (supra). The person that the framers of the law and the
Constitution had in mind to protect is an illiterate person who does not understand the language of
the Court. "In the language he understands" would be meaningless and the words presuppose that
the accused does not understand the language of the Court which is English - See Ogunye vs. State
(1999) 5 NWLR (Pt.604) 548, Rufai vs. State (2001) 13 NWLR (Pt.731) 718.
The failure to comply with Section 36(6)(a) of the 1999 Constitution and Section 215 of the Criminal
Procedure Law (equivalent to Section 187(1) of Cap 37) Laws of Katsina State of Nigeria, will not
occasion a miscarriage of justice where an accused person have earlier made a statement to the Police
in English language and once the trial court is satisfied that the accused know the nature of the charge
against him - Durwode vs. State (2007) 15 NWLR (Pt.691) 467; Ewe vs. State (1992) 6 NWLR (Pt.246)
147; Ekekanura v. State (1993) 5 NWLR (Pt.294) 385.
In any case, the Appellant had a counsel who was there when the charge was read to him and he was
required to plea and he pleaded. He is therefore assumed that he understood the language of the
Court i.e. English - Madu vs. The State (1977) 1 SCNJ 441 R vs. Eguabor (1962) AA NLR 285.
In the final analysis, I am of the opinion that there is no merit in this appeal. I therefore hereby
dismiss it. I affirm the judgment of the lower court - Katsina State High Court. That is the judgment of
this Court.
ABDU ABOKI, J.C.A.: The judgment just delivered by my learned brother Dalhatu Adamu JCA, was
made available to me before now. I agree with the conclusion reached that there is no merit in this
appeal and same is dismissed.
ITA G. MBABA, J.C.A.: I have had the privilege of reading the draft of the lead judgment, just delivered
by my learned brother, DALHATU ADAMU JCA (PJ) and I agree with his reasoning and conclusions,
completely.
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