LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Joint Trial — Section 155 of Criminal Procedure Act Permits Joint Trial in Specified Circumstances
PRINCIPLE STATEMENT
When more persons are accused of the same offence or different offences committed in the same transaction, or one of abetting while another commits, or of theft and receiving stolen property, they may be charged and tried together or separately as the court thinks fit.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in State v. Onyeukwu (2004) NLC-772001(SC) at p. 6; Paras B–C.
"When more persons than one are accused of the same offence or of different offences committed in the same transaction or when a person is accused of committing an offence and another of abetting or being accessory to or attempting to commit such offence or when a person is accused of an offence of theft, criminal misappropriation, criminal breach of trust and another of receiving or retaining or assisting in the disposal or concealment of the subject matter of such offence, they may be charged and tried together or separately as the court thinks fit."
EXPLANATION / SCOPE
Section 155 CPA permits joint trial for same offence, different offences in same transaction, abetment, or theft-related offences with receiving. The court has discretion to try together or separately. The principle applies to criminal procedure. The rule promotes judicial efficiency for connected offences. Joint trial is permissible but not mandatory. The court’s discretion must be exercised judicially.
