Indictment

Where an indictment contains charges for a substantive offence and conspiracy to commit the offence, the proper step for a Court is to first deal with the charge for the substantive offence and then proceed to consider whether the charge for conspiracy ought to have been made at all and whether it is made out. This is so because a conviction for conspiracy will fail if the conviction for the substantive offence is set aside.

Where an indictment contains charges for a substantive offence and conspiracy to commit the offence, the proper step for a Court is to first deal with the charge for the substantive offence and then proceed to consider whether the charge for conspiracy ought to have been made at all and whether it is made out. This is so because a conviction for conspiracy will fail if the conviction for the substantive offence is set aside.See Patrick Njovens vs The State (1973) 5 SC 17.

An indictment charging a statutory offence need not exactly track the statutory language provided it alleges the essential elements of the crime charged.
If the words of the statute do not unambiguously set out all the elements of the offence, the indictment must supplement the statutory language. An indictment may fail when there is a fatal variance between its allegation and the evidence introduced at trial. In order for a variance to be fatal it must pertain to an essential element of the crime charged. See: Federal Republic of Nigeria v. Daniel (2012) 4 NWLR (pt. 1289) 40.

An information is liable to be quashed where the charge is defective or where it fails to disclose a prima facie case against the accused person. See: Abacha v. The State (supra): Okoro vs The State (1988) 5 NWLR (Pt. 94) 255.
In the instant case, the appellant has not alleged that the proofs of evidence filed do not disclose a prima facie case against him. His complaint is that there are other exculpatory statements made to the police by material witnesses, which he requires to enable him properly prepare for his defence, that have been deliberately omitted despite repeated demands. By Section 146 (c) of the ACJL, the prosecution shall include the names, addresses and statements of any material witnesses even though it does intend to call them.
A material witness is one whose evidence is significant, credible and may aid in the determination of the case one way or another. -PER KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.