Amendment of Charges Review

Flashcards covering the legal procedures, authorities, and case law related to the amendment of charges in Nigeria based on the ACJA and ACJL.

When can an amendment of charges be done in a trial?

Amendments can be done at any time before judgment.

According to the transcript, which sections of the ACJL Kano and ACJA cover the amendment of charges?

Sections 223 and 223 sub 2 of the ACJL Kano, and Section 216 of the ACJA.

What specific actions are included under the 'amendment of charge'?

Any alteration, addition, or substitution of an existing charge with a new one.

Who holds the power to alter, amend, add to, or frame a new charge before judgment?

The trial court and the prosecution.

What typically triggers the amendment of a charge?

The discovery of any defects in the charge.

In the South, who is responsible for drafting and amending the charges?

Law officers and police officers.

In the North and the FCT Abuja, who drafts and possesses the power to amend charges?

Magistrates and law officers.

What does it mean when a court amends a charge 'suo motu'?

It means the court amends the charge at its own discretion where the charge is found to be defective.

What legal requirement ensures a new charge continues the 'life of the original charge'?

The new charge must bear the same suit number and the parties.

Which 1956 case is cited regarding the requirement that a new charge must bear the suit number and parties?

Okwechime versus IGP 1956.

Which 2007 case is associated with the court's power to amend a charge?

Boco versus the state 2007.

Which case involving the Nigerian Air Force is mentioned in relation to the amendment of charges?

Nigerian Air Force versus Obiosa and Nigerian Air Force versus James 2002.

What section of the ACJL Lagos covers the amendment of charges?

Section 155 ACJL Lagos.