CRIMINAL PROCEDURE — Charge — Amendment of Charge in Judgment — Propriety
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at pp. 37—38; Paras D—A:
"The proper procedure to take when a charge is amended is for the court to read and explain to the accused every allegation or addition to the charge and to call upon the accused to make a fresh plea and to say whether he was ready to be tried on the amended charge and/or to recall all witnesses who may have given evidence and to ask the prosecution and the accused if they wish to examine or cross-examine them. See: Adisa v. Attorney-General (1965) 1 All NLR 412 at 416. Failure to follow this procedure would render the whole proceedings a nullity."
Explanation / Scope
This principle establishes the proper procedure for amending a charge: reading and explaining the amendment to the accused, taking a fresh plea, and allowing recall of witnesses. Failure renders proceedings a nullity. The principle applies where charges are amended. It ensures that amendments are properly effected. The principle reflects the requirements for amendment. It prevents unfair trials. The court must follow the procedure. The principle provides guidance on amendment of charge.