Ratio Decidendi

Per Muntaka-Coomassie, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at pp. 37—38; Paras A—B:

"A trial Judge ought to permit the furnishing of particulars in charge in order to give the accused sufficient notice of the case against him. The proper procedure to take when a charge is amended is for the court to read and explain to the accused every allegation or addition to the charge and to call upon the accused to make a fresh plea... Failure to follow this procedure would render the whole Proceedings a nullity."
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Explanation / Scope

This principle establishes that on amendment of a charge, the accused must be called upon to make a fresh plea after the amendment is read and explained; failure renders proceedings a nullity. The principle applies where charges are amended. It ensures that accused persons are given notice and opportunity to plead. The principle reflects the requirements for a valid plea. It prevents unfair trials. The court must take a fresh plea. The principle provides guidance on amended charges.

Cases Applying This Principle

Chukwuka Ogudo v. The State