Defective Charges and Objections in Criminal Procedure

Flashcards covering the definition, jurisdiction impact, timing, methods, and grounds for objecting to defective charges in legal proceedings.

What is the definition of a defective charge according to the transcript?

A charge that suffers from noncompliance with rules of drafting charges or for failure to adhere to both substantive and procedural laws.

How does a defective charge impact the court's power to try a case?

It may rob the court of jurisdiction to try the charge, such as when a charge cites a non-existent law.

Which constitutional section and case title address the issue of a defective charge robbing the court of jurisdiction?

Section $36$ sub $12$ of the CFRN and Faith Okafo versus governor of Lagos $2016$.

When is the appropriate time for a defendant to object to a defective charge?

An objection to a defective charge ought to be raised before the plea of the defendant.

Which legal authorities specify the timing of an objection to a defective charge?

Section $260$ sub $2$ $2010$ of the CFRN $2022$, Section $221$ of the ACJA, and Adio versus State $1986$.

On whom does the onus lie to raise an objection to a defective charge once it is noticed on the charge sheet?

The onus lies on the defendant himself or his counsel to timely raise the objection.

What is the legal consequence of failing to raise an objection to a defective charge on time?

The defendant is said to have waived his right to objection, as seen in the case of Obakpolor versus the state.

What are the methods by which a defendant can object to a defective charge?

The defendant can file a motion on notice supported by an affidavit, file a preliminary objection, or file summons supported by affidavit (before the Federal High Court).

Which case provides authority for filing summons supported by affidavit in the Federal High Court to object to a charge?

FRN versus Adewumi $2007$.

What are the common grounds for objecting to a defective charge?

1. Offense not known to law. 2. Leave required but has been obtained. 3. Violation of fundamental rules of drafting. 4. Defendant has already been acquitted or convicted. 5. Legal incapacity (e.g., tender age). 6. No link between the defendant and the offense in evidence.

What is an example of legal incapacity that serves as a ground for objecting to a defective charge?

The tender age of the defendant; for example, a child of less than $18$ years cannot be charged for murder.

Which case is cited regarding an objection based on the proof of evidence and witness statements failing to link the defendant to the charge?

Abai versus the state $2016$.