LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Leave to Prefer Charge — Materials for Consideration — Proof of Evidence and Caution Statements
PRINCIPLE STATEMENT
The relevant materials placed before the trial judge for the exercise of his discretion are the proofs of evidence and the written caution statements of the accused persons. If none shows the accused's involvement, leave should not be granted.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ohwovoriole v. FRN & Ors (2003) NLC-3922001(SC) at pp. 5–6; Paras D–A.
"In the instant case, the relevant materials placed before the trial Judge for the exercise of his discretion are the proofs of evidence and the written caution statements of the accused persons... In none of them was it shown that the appellant was involved in conspiring to offer the alleged bribe of N3.5 million or that he actually gave the said amount as bribe to anybody."
EXPLANATION / SCOPE
Proof of evidence and caution statements are the key materials for exercising discretion. The principle applies to criminal procedure. If no evidence links the accused, leave should be refused. The rule ensures that only those with prima facie cases face trial. The principle is well-established.
