LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Charge – Duplicity as a defect in a criminal charge
PRINCIPLE STATEMENT
Where multiple alterations or forgeries occurred on different dates, months, and even years, each should have been the subject of a separate count. Combining them in one count is bad for duplicity.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Idowu v. State (1998) NLC-1751997(SC) at p. 8; Paras B–D.
"The 15 ‘alterations’ or ‘forgeries’ occurred on different dates, months and even years. Each alteration or forgery should have been a subject of a separate count or charge and proved separately. That was not done! This is intolerable. The counts are therefore bad for duplicity to say the least."
EXPLANATION / SCOPE
Duplicity occurs when a single count charges multiple distinct offences. The principle applies to criminal procedure. Each distinct offence requires a separate count. The rule protects the accused’s right to know the case. The court may quash a duplicitous charge. The principle is fundamental.