CRIMINAL PROCEDURE — Charge — Amendment — Effect of Amendment Relating Back to Original Filing
Principle Statement
A substitution, is the same thing as an amendment and an amendment whenever made by the court, relates back to the original date of the document so amended.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in FRN v. Adewunmi (2007) NLC-123-287-2002(SC) at p. 20; Paras A–B.
"A substitution, is the same thing as an amendment and an amendment whenever made by the court, relates back to the original date of the document so amended."
Explanation / Scope
This principle establishes that an amendment to a charge relates back to the original date of filing. Substitution of a charge is treated as an amendment. The principle ensures that amendments do not create new proceedings but are treated as part of the original process. It applies in criminal proceedings where charges are amended. The principle prevents technical objections based on the date of amendment. The court has discretion to allow amendments. The principle promotes procedural efficiency. However, amendments must not prejudice the accused. The accused must be given an opportunity to respond to any amendments. The principle reflects the flexible approach to criminal procedure.
