CaseLaw
The appellant is a professor and Lecturer at the Ahmadu Bello University Zaria, while the married woman he is charged with enticing is a student at the University. He knew that she was married, since he was warned on more than one occasion by the lady's husband to keep away from his wife. He remained defiant and took the lady to a Hotel (not being aware of an apparent set up) where he was arrested in one of the rooms in the Hotel with the lady being present.
At the trial the appellant pleaded guilty. The simple question is what is the effect of a plea of guilty to a criminal charge?
When an accused person represented by counsel is arraigned and the charge read and explained to him in the language he understands, and he pleads guilty, the Court shall convict him unless there appears to the Court sufficient cause why he should not be convicted.
A plea is valid only when the accused pleads himself. A trial would be declared a nullity if a plea is made by counsel. It is the duty of defence counsel to guide the accused person on how to plead and the consequences of pleading one way or the other. Once the trial Court is satisfied with the Plea of guilty, the next step is conviction and sentence.
This appeal has its origins in a Magistrate's Court and has passed through all layers of the appeal system culminating in the top Court. The appellant is a professor, a highly intelligent person. He was very much aware that the lady was married, since he met her husband on more than one occasion. He pleaded guilty in the Magistrate's Court. There is an irrebuttable presumption that he fully understood the charge and the consequences of a plea of guilty. This is so since he never complained at the trial Court or on appeal that he did not understand the charge or the consequences of entering a plea of guilty. Furthermore he was represented by counsel who was clearly satisfied that his client (the appellant) entered a plea of guilty The trial Magistrate proceeded to sentence the appellant to two months imprisonment, a conviction and sentence affirmed by the High Court and Court of Appeal.