CRIMINAL PROCEDURE ā Objection to Charge ā Formal Defect ā Time for Objection
Principle Statement
Section 167 of the CPA (Criminal Procedure Act) Cap. 112 Laws of the Federation, 1990 provides as follows: 'Any objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge has been read over to the accused and not later'. It can be seen that the provision, is mandatory. Therefore, it is the duty of counsel in particular and of an accused person who is defending himself personally, to promptly, take any objection to every perceived irregularity to the charge.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in FRN v. Adewunmi (2007) NLC-123-287-2002(SC) at p. 15; Paras EāA.
"Section 167 of the CPA (Criminal Procedure Act) Cap. 112 Laws of the Federation, 1990 provides as follows: 'Any objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge has been read over to the accused and not later'. It can be seen that the provision, is mandatory. Therefore, it is the duty of counsel in particular and of an accused person who is defending himself personally, to promptly, take any objection to every perceived irregularity to the charge."
Explanation / Scope
This principle establishes the mandatory requirement to object to formal defects in a charge immediately after the charge is read. Objections must be taken promptly and not later. The provision is mandatory and applies to both counsel and unrepresented accused persons. Failure to object promptly may waive the right to raise the objection later. The principle ensures that proceedings are not delayed by late objections. It applies in criminal trials where charges are presented. The court must ensure compliance with the mandatory requirement. The principle promotes procedural efficiency. However, fundamental defects may still be raised even if not objected to promptly.
