Rex V. Sunday Ijoma & Ors (1947)
LawGlobal Hub Judgment Report – West African Court of Appeal
Criminal Law and Procedure—Amendment of information by trial Judge of his own motion—Addition of fresh counts—Nigeria Criminal Procedure
Ordinance, sections 162 and 163—Meaning of ” charge ” Joinder of offences.
Facts
The grounds of appeal are set out in the judgment, and detail the events leading up to this appeal.
Held
(i) where the word ” charge ” is used in sections 162 and 163 of the Nigeria Criminal Procedure 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;
- by virtue of section 339 of the Criminal Procedure Ordinance, the trial Court may, under section 162, when the accused is arraigned on an information, permit or direct the framing of a new charge, or add to or otherwise alter the original charge;
- by virtue of section 339, the trial Court may, under section 163, at any time before judgment, alter or add to any charge (that is to say, alter or add to the document then before it) ;
- the course adopted by the trial Judge was one specifically authorised by statute.
Appeals dismissed.
