Charges and Outcomes

Flashcards on Charges and Outcomes

What is a charge?

A document informing the accused and the court of the alleged offence, place, date, and relevant law provision.

What are the components of a charge?

Heading, Reference Number, Parties, Preamble (if applicable), Main Body, Date, Subscription

How should the heading of a charge be formatted?

In the name of the court, where the charge is to be preferred.

Where and how should the reference number appear on a charge sheet?

On the right-hand corner of the charge sheet, in capital letters.

Who are the parties that must be stated in a charge?

The prosecutorial authority and the defendant.

In State offences in the High Court, who is the prosecutorial authority?

"The State" (except in Lagos: "The State of Lagos").

In Magistrates’ Courts, who is the prosecutorial authority regardless of location?

"Commissioner of Police."

For federal offenses instituted on behalf of the AGF, what is the prosecutorial authority?

"The Federal Republic of Nigeria."

For federal offenses instituted by a police officer, what is the prosecutorial authority?

"Inspector General of Police" or "Commissioner of Police."

When is a preamble required in a charge?

Only when drafting an information to be preferred in the High Court (South).

What does the main body of a charge refer to?

The head of offence, with 'Statement of Offence' and 'Particulars of Offence' in two paragraphs.

Where is the date placed on a charge or information?

After the last offence has been drafted.

Where should the signature of the charge framer appear?

At the bottom right-hand corner of the charge or information.

Which section must be referred to in the count bearing the offence on the charge sheet?

The section prescribing punishment for the offence.

What is the reference number called on a charge sheet used before any court in the North, South, and Federal Courts?

"Charge No."

What is each head of offence referred to as in the Magistrate or Federal Courts and High Court?

"Count" (South) or "Charge" (North).

What is a charge to be used in High Court (South) referred to as?

"Information" (High Court South) or "Charge" (other courts).

Who may draft a charge to be used in a Magistrate’s Court?

Police (South) or Magistrate (North).

What are the four rules guiding the drafting of charges?

The rule against misjoinder of offenders, the rule against misjoinder of offences, the rule against duplicity, and the rule against ambiguity.

What is the general rule regarding misjoinder of offenders?

Every offender must be charged and tried separately, with exceptions for joint offences, offences in the same transaction, and abetting/accessory offences.

What is the rule against misjoinder of offences?

Where a person is accused of several offences, they must be charged and tried separately, with exceptions for offences within 12 months and offences part of the same transaction.

What is the rule against duplicity in drafting charges?

Each count in a charge sheet must disclose one offence only, with statutory exceptions.

What constitutes a breach of the rule against ambiguity and uncertainty?

Violation of requirements for a valid charge, leading to ambiguity or uncertainty.

What is the general effect of an error in stating the offense or the particulars in the charge?

It is not considered material unless the accused person was misled.

What happens to a conviction founded on a defective charge?

May be quashed on appeal unless the defect is not material or did not mislead the accused.