LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Verdict — Collective Conviction — Whether Fatal When Single Count Charge
PRINCIPLE STATEMENT
Technicalities ought not to be allowed to defeat substantial justice; a collective verdict on a single count charge is not necessarily fatal where the record clearly shows each accused was found guilty.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Eyisi & Ors v. State (2000) NLC-1601999(SC) at p. 17; Paras A–C.
"It is not the appellant's case that either the verdict or sentence is erroneous in the sense that no reasonable tribunal could have found or imposed that term of punishment; rather the gravamen of their complaint is a technical fault in pronouncing verdict and imposing sentence on the appellants collectively. It is now settled law that technicalities ought not be allowed to defeat substantial justice."
EXPLANATION / SCOPE
A collective verdict (e.g., “I find the accused persons guilty”) on a single count charge is not fatal if the record clearly shows each accused was found guilty. The court will not allow technical defects in the pronouncement of verdict to defeat substantial justice. The appellate court can correct the record or clarify the verdict. The accused must show actual prejudice or that the verdict was ambiguous. If it is clear that the trial court intended to convict each accused individually, the collective pronouncement does not invalidate the conviction. The principle applies the harmless error doctrine. The rule promotes justice over formalism. The court will examine the entire record to determine whether each accused was properly convicted.