CRIMINAL PROCEDURE — Double Jeopardy — Withdrawal of Charges and Final Warning as Condonation
Ratio Decidendi
Per Muhammad, JSC, in Nigerian Army v. Aminun-Kano (2010) NLC-123-243-2008(SC) at p. 22; Paras A–B:
"Exh. 45 has covered both sets of charges framed against the respondent. The warning handed over to the respondent must, for all intents and purposes, be construed to mean condonation as contemplated by section 171 of the Act."
Explanation / Scope
This principle establishes that withdrawal of charges and a final warning constitutes condonation under Section 171 of the Act. The principle applies in military law. It ensures that warnings are treated as condonation. The principle reflects that formal warnings have legal effect. It prevents subsequent trial after such warning. The court must construe withdrawal and warning as condonation. The principle provides guidance on when condonation occurs.