LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Charge — Variance — Conviction for Offence Different from Charge — Statutory Authority
PRINCIPLE STATEMENT
Where a person is charged with an offence but the evidence establishes another offence under the same Act, the offender may be convicted of that offence and punished accordingly.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC (citing section 10(5) of the Special Tribunal (Miscellaneous Offences) Act), in Kareem v. FRN (2002) NLC-3352001(SC) at p. 16; Paras B–D.
"Where a person is charged with an offence under this act, but the evidence establishes the commission of another offence under this act, the offender shall not be entitled to acquittal but he may be convicted of that offence and punished as provided under the act."
EXPLANATION / SCOPE
Statutory provisions allow conviction for a lesser or different offence under the same Act if the evidence supports it. The accused is not entitled to acquittal merely because the offence proved differs from the charge. The principle prevents guilty persons from escaping liability due to technical variance. The offence proved must be related to the original charge. The accused must not be prejudiced in his defence. The court must ensure fair hearing. The rule is similar to provisions in criminal procedure codes. The power is discretionary. The accused should have had notice of the facts constituting the offence. The principle promotes justice over technicality.