LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Verdict — Requirement for Separate Verdicts — Failure Not Fatal Where No Miscarriage of Justice
PRINCIPLE STATEMENT
Where several persons are tried together, separate verdicts must be returned for each accused and each count. However, failure to do so will not result in quashing where no miscarriage of justice has occurred.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Solola & Anor v. State (2005) NLC-2682003(SC) at pp. 10–11; Paras E–A.
"Where several persons are tried together, separate verdicts must be returned in respect of each of the accused persons and where there are several counts on the information, separate verdicts must be delivered in respect of the several counts. However, the error in failing to return a separate verdict on each count against each accused will not result in the quashing of the verdict, where as in the instant case, no miscarriage of justice has occurred."
EXPLANATION / SCOPE
Separate verdicts required for each accused and count. Failure is not fatal if no miscarriage results. The principle applies to criminal procedure.
