CRIMINAL PROCEDURE — Fair Hearing — Amendment of Charge in Judgment — Infraction
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 36; Paras D—E:
"This to me is a grave infraction of the accused person's right to fair hearing. The trial court tried and attempted to take solace in Section 286 of the Criminal Procedure Code, concluded that the accused persons were not misled and neither were they taken by surprise. My Lords' this amendment was made in trial court's final judgment, so where was the opportunity for the accused persons to express their surprise or to show that they been convicted and sentenced?"
Explanation / Scope
This principle establishes that amending a charge in the final judgment is a grave infraction of the accused’s right to fair hearing, as the accused has no opportunity to respond. The principle applies where charges are amended late. It ensures that accused persons can respond to amendments. The principle reflects the requirements of fair hearing. It prevents unfair surprise. The court must not amend charges in judgment. The principle provides guidance on fair hearing.
Cases Applying This Principle
None recorded.