CHARGES

Question 1

The whole idea of Charges

Answer 1

Rooted in the constitution in Section 36(6)a . Evert person who is charged with a crime offence shall be informed promptly in the language the he understands and in detail of the nature of the offence. ( writing a charge is an evidence of compliance with the provision of the constitution.)

Question 2

Meaning of a Charge

Answer 2

The essence of a charge is to give notice to the defendant of allegations against him. Defined by Sections 494(1)ACJA and 375 ACJL - Statement of offences with which a defendant is charged by way of summary trial or by way of information.

Question 3

Cases on Charges

Answer 3

Okoye V COP - defines Charges as -formal accusation in writing constitute what is charges against him…2. R V Otuedon- ( not stating the exact time in a charge) At the appeal -Conviction was in order unless time was of essence of the offence.

Question 4

Contents of a Charge

Answer 4

HEADING- IN THE HIGH COURT OF LAGOS STATE…… The heading will show which court where the trial will take place. 2. REFERENCES NUMBER.- Charge No……Case No……..3. NAME OF DEFENDANT—-4. DATE OF COMMISSION—-The date and time if known.—day unknown. 5. The Charge or the Count … ie.. the offence, the name given to offence by the statute creating it, the written and section of law it contrives . 5 . The Signature of the Officer drafting the charge .

Question 5

CHARGE CONTENT CONTINUED

Answer 5

Timothy V FRN —- the content of a charge should not be a subject of speculation and inference, rather essential ingredients of the offence must be disclosed in the charge. Section 36(6)a …. And such offences must also be punishable by virtue of Sec 36(12) of the constitution …if punishment section is different from creating section then the charge sheet should contain both .

Question 6

Sample of a charge

Answer 6

That you Mallam Joe at or on about 10 th day of March at Dan village in sea location within kano Island division had unlawful carnal knowledge of Miss Ayi without her consent thereby committed an offence of rape under sec 282 and punishable under section 283 of penal code.

Question 7

Charge by way of information

Answer 7

Statement of offence and particulars of offence

Question 8

Particulars of offence

Answer 8

Time, Place and the Person in respect of which the offence is committed

Question 9

Place of offence

Answer 9

For Jurisdictions and defences of Alibi

Question 10

Person or things against whom offence has been committed.

Answer 10

In a personal injury, - name and description of the victim eg rape, should be part of the particulars of the offence..2 in cases of stealing and damage, the description or the name of the owner of the property stolen or damaged will enable the defendant and leave him in no doubt as per which property the charge is referring to .

Question 11

Where it is absolutely necessary to state certain particular.

Answer 11

Such particulars must be stated, or else the Charge will be defective. If the nature of the offence demands for exact time, eg Burglary, the statement must state that the incident took place at night otherwise the charge will be defective. Also do not import words not contain in the statute creating the offence. Use the exact words used in the statute. Use murder for murdered case unlawful killing for manslaughter . In case of defilement age of the victim is important for the charge to hold. For perjury- particular of charge needs to contain that the defendant that the statement he made was false as time the time he made it.

Question 12

RULES OF DRAFTING CHARGES

Answer 12

1.Rule against Duplicity. 2. Rule against Ambiguity.3. Rule against mis-jointer of offenders. 4.Rule against mis-jointer of offences.

Question 13

Rule against Duplicity

Answer 13

The general rule is that a charge creates an offence- A charge would be said to be bad for duplicity where in the charge or count 2 or more separate or distinct offences are lumped together. The rule prescribes that -no one count or charge shall accuse the defendant of having committed than one offence…..

Question 14

Rule of Duplicity meaning

Answer 14

No one count or charge shall accuse the defendant of having committed more than one offence. 2. One count in a charge sheet shall not contain more than one offence. . Every district offence shall have a separate charge and every charge shall be tried separately, and contain in a separate charge sheet.

Question 15

Rule against Duplicity continued

Answer 15

A charge must state an offence as not to mislead the defendant.

Question 16

Bad for duplicity cases

Answer 16

Awobutu V State - stealing of different cheques at different time .2. R V Bally Sign -stole general items.3 Adebayo V State -money collected for supply of rice were collected at different 13 occasions.4.Okeke V Police despite the contention of -identical Precedent-demanding and receiving were considered 2 separate offences.

Question 17

Effect of Duplicity

Answer 17

In State V Gwonto . The conviction based on such count shall not be set aside as long as it was clear from the record of proceedings that the defendant knew what charge he was to face, 2. was not embarrassed nor prejudiced and there was no miscarriage of justice. The Case of Onakoya V FRN ( Savanna bak Director)! Though bad for duplicity-approving the grant, and granting of the loan, however the appellate did not establish mislead or embarrassed, conviction upheld. Note R V Achie -Multiple Murdered case must be tried separately on a different separate charge sheet.

Question 18

Time to raise Objections on grounds of Duplicity

Answer 18

Before the coming of aACJA -it should be immediately after the charge has been read over to the defendant not later. Thus see Guduf V COP. Agbo V State. The whole idea is that objection is raised at that stage, it would give opportunity to prosecutors to amend the charge as appropriate. However the position has been changed by virtue of section 221 of ACJA -Objection shall not be taken during proceedings on the grounds of an imperfect charge.

Question 19

Exceptions To the Rule against Duplicity.