This is an application before a Full Bench to resolve the
issue as to whether non-compliance with the requirement of section 293(2) of
Criminal Procedure Act vitiates the whole proceedings of the trial court. The
provision says that the court “shall inform the accused person of his right”.
The Full Bench considered the meaning of “shall” as used in sections 293 and
388 of the Criminal Procedure Act and section 53(2) of Cap 1.