CHARGE

• Date: 24 January 2019

(1) "In legal parlance what indeed is a charge. It is indeed a denouncement by which an authorized person or body invested by statute could lay a complaint against some tending to show that an offence or some form of breach of law or ethics of the profession has been committed. It equally imports some elements of delinquency or inappropriate act which stigmatizes and renders one liable to be disciplined if proved. The characteristics or feature of a charge do not lie in procedural formalism but rather in the contents of the unrighteous act being brought to the knowledge of the person so indicted in good lucid and readily understandable English as in the present case." - Per Pats-Acholonu, J.S.C. in Okike v. L.P.D.C. Suit No. S.C. 58/2004; (2005) 15 N.W.L.R. (Pt. 949) 471 at 532.

(2) "For this submission Mr. Boyo relied on the decision of the West African Court of Appeal in R. v. Ijoma (1947) 12 W.A.C.A. 220 where the Court said: - "We have no doubt, however, that where the word ‘charge’ is used in Section 161 and 163 of the present Ordinance it refers to the document whereupon the accused is charged and includes, therefore, a document which may contain more than one statement of an offence." This appears to be the first case in which this point has been taken. In Jones v. Police (1960) 5 F.S.C. 38, which is the authority for saying that on the amendment of a charge alleging an indictable offence the accused must be given a fresh opportunity of electing summary trial, there was only one count in the charge. As the West African Court of Appeal pointed out in R. v. Ijoma, the Criminal Procedure Act uses the word "charge" in a way which may prove misleading, and in some sections of the Act such as Section 156 the word can only mean an accusation or count. We do not doubt the correctness of the decision in R. v. Ijoma, but in view of the different meanings which the word "charge" bears in different sections of the Act a decision on one section cannot be conclusive on the meaning to be given to the word in another section. Section 304(2) lays down the procedure to be followed "If a magistrate at any time during the hearing of a charge for such an indictable offence. becomes satisfied that it is expedient to deal with the case summarily," and requires that he shall, among other things, cause the charge to be reduced into writing if this has not already been done, and read to the accused". In this context it is impossible to regard the word "charge" as meaning a document, and in our view the section was sufficiently complied with in this case." - Per Brett, J.S.C. in Edun v.I.G.P. Suit No. S.C. 494/1965; (1966) 4 N.S.C.C. 29 at 31 - 32.

(3) "Now Section 164(1) of the Criminal Procedure Act reads as follows: - "164(1) If a new charge is framed or alteration made to a charge under the provision of section 162 or section 163 the Court shall forthwith call upon the accused to plead thereto and to state whether he is ready to...