Whether the Right of an Accused to an Interpreter can be Invoked on Appeal by an Appellant who had been Represented by Counsel at the Trial as a Ground for Setting Aside a Conviction

CASE TITLE: DANJUMA v. STATE (2026) LPELR-82944(CA)

JUDGMENT DATE: 29TH JANUARY, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the right of an accused person to an interpreter.

FACTS:

This appeal is against the decision of the High Court of Gombe State, Coram Judice: Kereng, J.

The Appellant was one of three accused persons who were arraigned before the High Court of Gombe State on a five-count charge of criminal conspiracy, criminal house trespass, abduction, rape, and gross indecency, contrary to and punishable under various Sections of the Penal Code. The Appellant, who was the 2nd accused person at the trial Court, was charged alone on the count of gross indecency. The trial Court convicted the Appellant as charged, and custodial sentences and payment of fine were imposed on him for the offences. The Appellant was dissatisfied with the decision of the trial Court, hence the instant appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on these issues:

“1. Whether the proceedings of the trial Court especially the testimonies of PW1, PW2 and PW6 which were not interpreted in Hausa language offended Section 36(6)(e) of the 1999 Constitution (as amended) and same can render the proceedings a nullity?

2. Whether the trial Court was right in relying on the extra judicial statements of the Appellant and other pieces of evidence of the prosecution witnesses in convicting the Appellant?

3. Whether the trial Court properly evaluated the entire evidence in convicting the Appellant?”

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:         

· CONSTITUTIONAL LAW- RIGHT OF AN ACCUSED PERSON: Constitutional rights of a person charged with a criminal offence

· CONSTITUTIONAL LAW- RIGHT TO AN INTERPRETER: Duty on an accused to inform the court where he does not understand the language at trial; effect of failure

· CRIMINAL LAW AND PROCEDURE- PROVISION OF AN INTERPRETER: Whether the right of an accused to an interpreter can be invoked on appeal by an appellant who had been represented by counsel at the trial as a ground for setting aside a conviction

· CRIMINAL LAW AND PROCEDURE- PROVISION OF AN INTERPRETER: When the failure to provide an interpreter will not occasion a miscarriage of justice

· EVIDENCE- CONFESSIONAL STATEMENT: Instance(s) in which a confessional statement will be held to have been validly admitted in evidence

. EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Meaning/nature of proof beyond reasonable doubt

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