WEEK 9 CHARGES II

Flashcards about drafting charges in various Nigerian courts, defective charges, and amendment of charges.

What are the key areas of focus for drafting charges as outlined in the lecture notes?

Drafting a charge in Magistrate Court and High Court, in the South, FCT, and North, as well as in the Federal High Court and National Industrial Court.

What are the two main issues discussed in relation to charges after the drafting process?

The effect of a defective charge and the procedure for amending charges.

In the sample draft of charges for a Magistrate Court in the North, who are the parties involved between?

Commissioner of Police - Complainant, Ibrahim Musa - Defendant

What is the specific allegation against Ibrahim Musa in the sample charge?

Ibrahim Musa on the 5th day of March, 2019, at No. 10 Modibbo street, Gboko in the Gboko Magisterial District stole a Tecno Mobile Phone, the Property of Chief Tolu Agbatar.

In the sample draft of charges for a Magistrate Court in the South, who are the parties involved between?

Commissioner of Police - Complainant, Gbale Goodluck - Defendant

What is the specific allegation against Gbale Goodluck in the sample charge?

Gbale Goodluck on the 15th day of May, 2019, at No. 10 Law School Avenue, Agaduma, in the Yenagoa Magisterial District, stole a Tecno Mobile Phone, the property of Madam Victoria Gbaraba.

In the sample draft of charges for a High Court in the North, who are the parties involved between?

The State - Complainant, Garba Suleiman - Defendant

What is the specific allegation against Garba Suleiman in the sample charge?

Garba Suleiman on the 25th day of March, 2019, at No. 5 Sultan Machido Street, in the Zaria Judicial Division, Kaduna State, assaulted Mrs. Inuwa Dada using criminal force.

In the sample draft 'information' for a High Court in the South, who are the parties involved between?

State of Lagos - Complainant, Onile Adeyemi - Defendant

What is the specific allegation against Onile Adeyemi in the sample 'information'?

Onile Adeyemi on the 17th day of May, 2019, at No. 15 Lejok Brown Street, Ikeja in the Ikeja Judicial Division, whilst armed with gun broke into the vaults of Diamond Bank plc and carted away one large box containing the sum of (50) Fifty Million Naira.

In the sample draft of charges for the Federal High Court, who are the parties involved between?

Federal Republic of Nigeria - Complainant, Lawan Babuba - Defendant

What is the specific allegation against Lawan Babuba in the sample charge?

Lawan Babuba on the 15th day of May, 2019, at No. 6 Bishop Street,within Yola judicial division, without lawful authority engaged in selling of drugs otherwise known as “cocaine”to truck drivers.

What is a defective charge?

A charge that suffers from non-compliance with rules of drafting charges or for failure to adhere to both substantive and procedural law.

What is the potential effect of a defective charge on the court's ability to proceed?

It may rob the court of jurisdiction to try the charge, especially one that cites a non-existent law.

When should an objection to a defective charge be raised?

At the commencement of the trial, especially before the defendant enters his plea.

How can a defendant formally object to a defective charge?

By filing a motion on notice or a preliminary objection, supported by an affidavit.

What are some grounds for objecting to a defective charge?

The charge contains an offense not known to law; leave is required but has not been obtained; charge violates fundamental rules of drafting.

What does the amendment of charges include?

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

Who has the power to amend or add to a charge before judgment is delivered?

The trial court and the prosecution.

Who can amend charges?

The person who drafted the charges, law officers, police officers (in the South), Magistrates and law officers (in the North and FCT), and the court itself (suo motu).

When can a charge be amended?

Before the defendant’s plea is taken, or with the leave of the court after the plea.

What is the post-amendment procedure after a charge has been amended?

Read and explain the new charge to the defendant in a language he understands, ensure the defendant enters a fresh plea, and potentially adjourn the trial if prejudice may occur.

What is the court's duty if the defendant is not represented by a counsel?

Inform the defendant of his rights if he is not represented by counsel.

What endorsement should be on the new charge?

A note of the amendment shall be endorsed on the new charge, and the amended charge will be substituted for the original charge.

What failures will render a trial as a nullity?

Failure to read and explain the amended charge before the plea is taken, or failure to provide reasonable time to prepare a defense.