A charge is a document containing the statement of offence and particulars of offences with which a defendant is charged in a criminal trial whether by way of summary trial or trial by way of information before a court; In the Magistrate courts in the South and the courts of the Northern States, it is referred to as a charge, while in the High Court in the South as an Information. See section 2(1) Criminal Procedure Act, section 494 ACJA, section 371 ACJL
In Magistrates' Courts in the North, it is drafted by the Magistrate. See S.129(10) ACJL, Kano. In Magistrates' Courts in the South, a police officer drafts the charge: See S.78 ACJL, Lagos, or a law officer: See S.211 (1) CFRN 1999 (as amended). In the High Court, a law officer or private prosecutor can sign an Information. See S.77 (1)(b) ACJL, Lagos provision.
Rule Against Ambiguity: This rule postulates that a charge must be clear enough as to give the defendant adequate notice of the offence with which he is charged. It should state The name of the defendant, date & place of commission of the offence, the name given to the offence by the law creating it and The section of the law under which the defendant will be punished and the law itself. . Generally, the court does not regard any omission or errors in the charge as material except the defendant was in fact misled by such error or omission. See S.147,148 ACJL, Lagos; S.194,378 ACJA
Rule against Duplicity; What this rule forbids is that no count shall contain more than one offence except in permitted circumstances dictated by a statute. A charge is therefore bad for duplicity if it contains more than one offence. S.209 ACJA, S.152 ACJL, Lagos. The Exceptions are; (a) where the offences relate to general deficiency of money committed over a period of time, (b) Adoption of the statutory forms (S.146 ACJL, Lagos; S.193,377 ACJA), (c) Offences defined in the alternative can be contained alternatively, in a single count.
Rule against Misjoinder of offender; This rule forbids joining offenders together in a cause or matter before the court. Thus, generally, only a defendant should be charged in the charge sheet, for the offence(s) committed by him. There are instances however in which it is permissible to join and try more than one defendant together; (a) When more persons than one are defendant of the same offence, they may be charged and tried together. See S.7,8,9 of the Criminal Code (b) When more than one person commits different offences in the course of the same transaction, they may be charged and tried together. (c) When a person is accused of committing an offence and another of abetting or being accessory to such offence.
Rule against misjoinder of offences: Generally, every distinct offence with which any person is accused shall be charged separately. There are exceptions to this rule, See S.209-215 ACJA; S.153 ACJL, Lagos.
Barrister Diepreye may apply to the court for leave to alter or add to the names of accused persons mentioned in the charge sheet. This he may do before judgment is given or verdict returned. See S.155(1)ACJL, Lagos; S.216(1)ACJA.
The new charge shall be read and explained to the defendant, and he shall be asked to plead to the new charge. Thereafter the court shall ask the defendant whether he is ready to be tried on such charge, the defendant or the prosecutor shall be given adjournment or a new trial order if it’ll be prejudicial to either party’s case to proceed with the trial immediately sections 156 & 157 ACJL, S.217, 218 & 219 ACJA
The following persons have the authority to amend a charge;
(a) The person who drafted the charge, that is the prosecuting authority or individual
(b) The court can also amend a charge suo motu for instance in the North, the Magistrate essentially frames the charge and reserves the right to alter it or frame a new one just as the prosecutor in the South.