OGUNREMI V. THE QUEEN

• Pages: 220-221

220

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

OGUNREMI V. THE QUEEN.

5

MICHAEL OGUNREMI



APPELLANT

V

THE QUEEN

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RESPONDENT

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10

SUIT NO. FSC 205/1961

FEDERAL SUPREME COURT.

BRETT,



Ag. C.J.F.

HURLEY,

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C.J.N.

BELLAMY,

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Ag. C.J. LAGOS

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15

11th August, 1961.

Criminal Law and Procedure



Itzfonnatiott charging offence contrary to

inapplicable section of Criminal Code - Plea of not guilty - Amendment of

information allowed at end of hearing substituting applicable section - No

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20

objection to amendment - No fresh plea taken to amend charge - Criminal

Procedure Ordinance, s.164 - Conviction quashed.

ISSUE:

1. Whether an omission by the trial Judge to call upon an accused to plead to a

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25

charge which is altered by amendment during the course of trial, renders

conviction and sentence thereon a nullity.

FACTS:

The Appellant was charged on an information alleging Rape contrary to sec-

tion 229 of the Criminal Code. Section 229 does not deal with Rape but with a

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30

completely different offence. At the end of the hearing, Counsel for the Defence

pointed out the error. Counsel for the Prosecution sought and was granted an

amendment of the Information by substituting section 358, the applicable section,

for section 229. The defence did not object to the amendment. The trial court

ruled that no fresh plea to the amended Information was necessary and convicted

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and sentenced the appellant. The appellant appealed contending the ground,

inter

alia,

that the trial Judge erred in law in not taking a fresh plea and asking the Ap-

pellant if he was ready to be tried on the amended charge as required by section

164 of the Criminal procedure Ordinance, Cap. 43.

HELD:

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Omission on the part of a Trial Judge to call upon an accused to plead to a

charge which is altered by amendment during the course of trial, renders convic-

tion and sentence thereon a nullity.

CASES REFERRED TO IN JUDGMENT:

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1

5

1.

Fox v. Police,

12 W.A.C.A. 215.

2.

R. v. Eronini,

1

.

4 W.A.C.A. 366.

Agbaje-Williams

(with him,

Akinyede)

for the Appellant.

Eboh, Senior Crown Counsel,

for the Respondent.

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BRETT, Ag. C.J.F.

(Delivering the Judgment of the Court): The appellant was

charged in the High Court of the Western Region on an information alleging Rape

contrary to section 229 of Criminal Code. After all the evidence had been heard