LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Amendment of Charge — Power to Amend — Amendment After Addresses But Before Judgment
PRINCIPLE STATEMENT
Section 208(1) of the Criminal Procedure Code gives the court discretionary power to amend a charge at any time before judgment is delivered, including after addresses of counsel but before judgment.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Princent & Anor v. State (2002) NLC-1582001(SC) at pp. 8–9; Paras D–A.
"Unquestionably, section 208(1) of the Criminal Procedure Code of Northern Nigeria gives the court discretionary power to alter, add to or, indeed, to frame a new charge by way of amendment at any time before judgment is delivered. ... the trial court was perfectly right not only to have directed but also to have allowed the amendment sought by the prosecution in the present case after the addresses of learned counsel for the parties but before the delivery of judgment in the case so long as all the relevant mandatory rules concerning what a court must do after granting such an amendment of a charge were complied with. I think that the learned trial Judge was entitled to amend the charge before the delivery of judgment in the charge."
EXPLANATION / SCOPE
Section 208(1) of the Criminal Procedure Code empowers the court to amend a charge at any time before judgment. This includes after addresses but before judgment. The power is discretionary. The court must ensure that the amendment does not prejudice the accused. The mandatory safeguards under sections 208(2), 209, 210, and 211 must be complied with. The accused must be given an opportunity to recall witnesses and call further evidence. The principle ensures that technical defects in charges can be corrected without requiring a new trial. The rule promotes justice and efficiency. The court will not allow amendments that cause injustice.