Charges

A charge in criminal law serves as the formal accusation brought against an individual, detailing the offense they are alleged to have committed. It forms the foundation of a criminal trial, ensuring the accused is aware of the case against them. 

The constitutional basis for a charge is found in Section 36(6)(a) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), which guarantees the accused the right to be promptly informed, in a language they understand, of the nature and details of the charge. This principle was upheld in Timothy v FRN.

Further, Section 36(12) CFRN mandates that an offense must be defined and punishable under a written law before a person can be convicted. This principle prevents retroactive criminalization, as seen in Aoko v Fagbemi. The primary purpose of a charge is to provide notice to the accused, ensuring they are adequately informed to prepare their defense, as affirmed in Odeh v FRN.

Forms and Contents of Charge Sheets

Charges are presented in different formats depending on the court and jurisdiction. In Southern State High Courts, including the Federal Capital Territory (FCT), Adamawa, and Taraba, a charge is referred to as an “Information.” Conversely, in Magistrates’ Courts, Federal High Courts, and Northern State High Courts, it is termed a “Charge.”

The charge sheet contains several critical components:

1. Heading: This section specifies the name of the court, state, and judicial division or magisterial district, as required under Section 337 of the Criminal Procedure Law (CPL).
2. Reference Number: Known as “Charge No.” in the South and Federal High Court, and “Case No.” in the North.
3. Parties Involved: The complainant varies based on jurisdiction:
   • For federal offenses, the complainant is the Federal Republic of Nigeria.
   • For state offenses, the complainant is The State (e.g., State of Lagos).
   • In Magistrate Courts, the complainant is the Commissioner of Police, except for cases prosecuted by the Economic and Financial Crimes Commission (EFCC).
   • The accused is referred to as the Defendant in the South under the Administration of Criminal Justice Act (ACJA) and as the Accused Person in the North under the Criminal Procedure Code Law (CPCL).
4. Preamble: Mandatory in Southern High Courts, it includes the details of who informs the court, the date of the charge, and the identity of the accused.
5. Head of Offense (Count/Charge):
   • In Southern High Courts, each charge consists of two paragraphs:
     • The Statement of Offense (legal classification and statute).
     • The Particulars of Offense (specific details such as time, place, and victim).
   • Other courts present each charge as a single paragraph.
6. ADPOPS Elements: A charge should include the Accused’s name, Date, Place, Offense, Person or thing affected, and Statute violated.
7. Signature: Charges are drafted by the police in Magistrate Courts (South), magistrates in the North, and law officers in High Courts.

Rules for Drafting Charges

To ensure fairness and clarity, charges must adhere to strict drafting principles:

1. Ambiguity: A charge must be clear and specific. Courts tolerate minor errors unless they mislead the accused, as established in Timothy v FRN and Ogbomor v State.
2. Duplicity: Each count should contain a single offense, as required under Section 156 CPL. However, some statutory exceptions allow multiple offenses in one count, such as:
   • Burglary and stealing combined in a single charge.
   • General deficiency of money cases (Section 152(2) CPL).
   • Offenses with alternative legal definitions (Ogenyi v Police).
3. Misjoinder of Offenses: Separate charges are required for distinct offenses unless they:
   • Occurred within a 12-month period (limited to three offenses).
   • Arise from the same transaction, as confirmed in Haruna v State.
   • Have overlapping statutory definitions (Lawson v State).
4. Misjoinder of Offenders: Joint charges are permitted when multiple individuals are involved in the same crime, aiding or abetting an offense (Section 208 ACJA), or if the offense involves shared property.

Effects of Defective Charges

Errors in drafting a charge can have serious consequences. Courts assess whether defects mislead the accused or prejudice their defense:

• Ambiguity: A conviction will stand unless the accused was misled (Ogbomor v State).
• Duplicity: A conviction is void if the duplicity caused prejudice (Onakoya v FRN).
• Misjoinder: If a misjoinder of offenses or offenders is prejudicial, the court may order separate trials (Mailayi v State).
• General Rule: Defects are immaterial unless they mislead the accused (Section 166 CPL).

Amendment of Charges

Charges can be amended before judgment, provided the amendment does not cause injustice (Section 216 ACJA). The procedure includes:

1. Endorsing the amendment on the charge sheet.
2. Reading and explaining the amended charge to the accused.
3. Taking a fresh plea.
4. Allowing an adjournment for case preparation.
5. Permitting the recall of witnesses if necessary (Adisa v A-G Western Nigeria).

Failure to follow this procedure can nullify a trial, as seen in Uket v FRN, where the absence of a fresh plea rendered the trial invalid.

Key Cases and Statutes

Significant legal precedents and statutes govern the formulation and amendment of charges:

• Key Cases:
  • Aoko v Fagbemi – Establishing that only offenses defined by law can be prosecuted.
  • Ogbomor v State – Addressing technical defects in charges.
  • Haruna v State – Clarifying the concept of offenses arising from the same transaction.
• Statutes:
  • Constitution: Sections 36(6)(a) and 36(12) CFRN.
  • CPL/CPCL: Sections 152, 156, and 337.
  • ACJA: Sections 208–211, covering joinder and amendment procedures.

Key Takeaways

1. A charge must clearly inform the accused of the offense, complying with statutory forms and constitutional safeguards.
2. Defects in drafting do not automatically render a charge void unless they mislead or prejudice the accused.
3. Courts allow amendments to charges under strict procedural requirements to uphold fairness and justice.

By structuring the legal framework around charges in a clear and logical manner, this article highlights fundamental principles while simplifying complex procedural details for ease of understanding.