LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Amendment of Charge — Safeguards for Accused — Compliance with Mandatory Procedures
PRINCIPLE STATEMENT
Once a charge is amended, a host of rights inure to the accused under sections 208(2), 209, 210, and 211 of the Criminal Procedure Code as inbuilt safeguards to ensure that the accused is not prejudiced and that his right to fair hearing is preserved.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Princent & Anor v. State (2002) NLC-1582001(SC) at p. 12; Paras A–C.
"Accordingly, an amendment to a charge pursuant to the provisions of section 208 of the Criminal Procedure Code, Cap. 30 may be made at the instance of either the prosecution or, suo motu by the court. However, once the charge is amended, a host of rights inure to the accused as carefully laid down in sections 208(2), 209, 210 and 211 of the Criminal Procedure Code. Those rights, it seems to me, are inbuilt safeguards with a view to ensuring that an accused person by virtue of an amendment is not thereby prejudiced or misled, that no injustice is occasioned to him and that his constitutional right to fair hearing pursuant to the provisions of the constitution is fully preserved."
EXPLANATION / SCOPE
When a charge is amended, the accused has statutory rights: to recall witnesses for further cross-examination, to call further witnesses, to have the new charge read and explained, and to plead anew. These safeguards prevent prejudice. The court must strictly comply with these provisions. Failure to comply may render the trial a nullity. The principle ensures that the accused is not ambushed by a new charge. The accused’s right to fair hearing is paramount. The court must record compliance. The rule applies to all criminal trials. The prosecution cannot circumvent the safeguards. The appellate court will examine whether the safeguards were observed.