LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Leave to Prefer Charge — Grant of Consent — Requirement of Link Between Accused and Offence
PRINCIPLE STATEMENT
Even if deposition and statements disclose an offence, an accused person should not be put on trial if there is no link between him and that offence. If consent is granted without such link, the information is bound to be quashed.
RATIO DECIDENDI (SOURCE)
Per Nnamani, JSC (as adopted by Kalgo, JSC), in Ikomi v. The State (1986) 3 NWLR (Pt. 28) 340 at p. 358; Paras E–A (as cited in Ohwovoriole v. FRN & Ors (2003) NLC-3922001(SC) at pp. 8, 23).
"The next principle is of course that even if the deposition and statements attached to the information disclose an offence, an accused person should not be put on his trial if there is no link between him and that offence. If the Judge grants consent to prefer an information in the absence of such link such information is bound to be quashed."
EXPLANATION / SCOPE
A link between the accused and the offence is required before trial. The principle applies to criminal procedure. Mere existence of an offence is insufficient. The rule protects against unwarranted prosecution. The information will be quashed without a link. The principle is well-established.