LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Amendment of Charge — Substitution of Charge — Continuation of Trial
PRINCIPLE STATEMENT
Substitution of a charge has the same meaning and effect as alteration. Where a charge is altered, the new charge is read to the accused and the plea recorded. The proceedings are deemed to be continued, not disturbed.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in State v. Olatunji (2003) NLC-2062001(SC) at p. 13; Paras A–D.
"S. 162 and S. 163 of the Criminal Procedure Act speak of framing a new charge or adding to or altering the original charge. In the case of Okwechime v. I.G.P. (1956) FSC 73, it was held that the alteration of a charge under S. 162 and 163 of the Act includes the framing of a new charge in place of the original charge. … Therefore substitution will have the same meaning and effect with alteration. And according to S. 164 of the said Act, where a charge or count is altered all that is required to be done is to read the new charge or count to the accused and record his or her plea thereto. The proceedings are deemed to be continued and not disturbed as a result of the alteration."
EXPLANATION / SCOPE
Substitution of a charge is a permitted alteration. The principle applies to criminal procedure. The new charge must be read to the accused and a plea recorded. The trial continues. The rule ensures that the accused is not prejudiced. The proceedings are not disturbed. The principle is well-established.
