Charges 1 Flashcards
(36 cards)
What is a charge?
A document which informs a Defendant and the court of the offence alleged against him, the place, date of the alleged offence, the person or thing against whom the offence was allegedly committed, and the particular provision of a written law that makes the action or omission an offence.
This is in compliance with S. 36 (6) (b) of the CFRN 1999, Ss 371 ACJL Lagos & 494 ACJA.
What are the components of a charge?
- Heading
- Reference Number
- Parties
- Preamble (Where applicable)
- Main Body
- Date
- Subscription
What must the heading of a charge include?
It must be headed in the name of the court where the charge is to be preferred.
Examples include: IN THE HIGH COURT OF BAYELSA STATE, IN THE MAGISTRATES’ COURT OF BAYELSA STATE, IN THE FEDERAL HIGH COURT.
Where must the reference number be placed in a charge?
Immediately after the heading on the right-hand corner of the charge or information sheet.
Who are the parties stated in a charge?
The prosecutorial authority and the defendant.
What is the prosecutorial authority in State offences in the High Court?
The State, except in Lagos State where it is ‘The State of Lagos’.
What is the prosecutorial authority in the Magistrates’ Courts?
Commissioner of Police.
What is the prosecutorial authority for Federal offences instituted by the AGF?
The Federal Republic of Nigeria.
What is required in the preamble of a charge for the High Court?
It is required when drafting an information and comes immediately after the parties.
What does the main body of a charge refer to?
The head of offence, which comes immediately after the preamble in an information.
When must a charge or information be dated?
Immediately after the last offence has been drafted.
What must every charge or information include at the end?
A signature from the framer of the charge.
What must be referred to in the count bearing the offence on the charge sheet?
The section which prescribes punishment for the offence being charged.
What is the term used to refer to every head of offence in a charge or information in the Magistrate or Federal Courts?
Count.
What is the general rule regarding the misjoinder of offenders?
Every offender must be charged and tried separately for the offence committed.
What is an exception to the rule against misjoinder of offenders?
When two or more persons jointly commit an offence, all offenders may be charged and tried together on the same charge sheet.
What must be shown for offences to be charged together under the same transaction?
Proximity of time and place, continuity of action, and community of purpose.
What is the rule against misjoinder of offences?
Where a person is accused of several offences, he must be charged and tried separately for each offence.
What is an exception to the rule against misjoinder of offences?
When a person is accused of committing several offences within a period of 12 months, any three of such offences may be charged together.
What does the term ‘duplicity’ refer to in the context of drafting charges?
Charging a single count with more than one offence.
What does the rule against ambiguity require in a charge?
Charges must be clear and unambiguous.
Fill in the blank: A charge to be used in the High Court (South) is referred to as __________.
Information.
Fill in the blank: Every count on an information must have two paragraphs: ‘Statement of offence’ and __________.
Particulars of Offence.
What types of offences can be charged together on the same charge sheet?
Offences that are so connected as to form part of the same transaction
Examples include offences committed in close proximity of time and place, with continuity of action and community of purpose.
