Charges
Why Do We Need Charges?
The need for a charge stems from S36(6)(a) CFRN - a person charged with a criminal offence must be informed in a language he understands of the nature of the allegation. The language of the court is English – Ogunye v State; right to interpreter at no cost - S36(6)(e).
- Notice to defendant of the case against him – Odeh v FRN;
- Notice to court of the case pending, enabling determination of jurisdiction.
Definition of a Charge
S494 ACJA; S371 ACJL Lagos; S2 ACJL Kano; Ogun v IGP; Ajegu v IGP
A charge is a document containing the statement and particulars of offence(s) with which a person is tried before a court of law. It can refer to the chargesheet upon which the entire charges are drafted, OR the charge contained on that paper - also called a count if contained in an Information.
“Draft the Charge” in a question means drafting the chargesheet, NOT a count.
Locus Classicus: Haruna v Ishola & Ors. Important: Falomo v State.
Drafters by Court
| Court | Who Drafts | Authority |
|---|---|---|
| Magistrate Court North | The Magistrate drafts | S129(10) ACJL Kano |
| Magistrate Court South | The Police officer or Law officer | S78 ACJL Lagos; S211(1) CFRN |
| High Court | Law Officer or Private Prosecutor signs Information | S77(1)(b) ACJL Lagos |
Ibrahim v State (1986); State v Okpegboro (1980)
A law officer can sign an Information without indicating the AG as the ultimate authority, where the AG has delegated his powers to officers of his department.
The offender is called “Defendant” in all courts and all jurisdictions - never “Accused.”
- Form & Contents of Charges -
Form of a Charge
There is FORM, not FORMS of charges. The form of a charge is that it is in written form - irrespective of the instituting authority.
Contents of a Charge - Bar Part II Focus - HR PP BDS
- Heading;
- Reference Number;
- Parties;
- Preamble (where applicable);
- Body;
- Date;
- Signature.
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