Position of the Law on Amendment of Charge

CASE TITLE: IBRAHIM v. FRN (2023) LPELR-61362(CA)
JUDGMENT DATE: 30TH NOVEMBER, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.

FACTS:
This appeal emanated from the decision of the Federal High Court, Abuja Judicial Division, in CHARGE NO. FHC/ABJ/CR/43/2014: FEDERAL REPUBLIC OF NIGERIA v. SANI IBRAHIM. The charge was a one-count charge of dealing in cannabis sativa, a narcotic drug similar to cocaine, heroin, and LSD, without lawful authority. The Appellant pleaded guilty to the offence and after a review of the facts, the trial Court convicted the Appellant and sentenced him to a reformatory sentence of two months. Dissatisfied, the Appellant appealed.

ISSUES FOR DETERMINATION:

The Court determined the appeal on issues distilled by the Appellant, viz:

1. Whether the Learned Trial Judge was right when His Lordship failed to order hearing notices to be issued and served on the Appellant’s counsel when such notices were required by law.

2. Whether the learned trial judge was right in law when his Lordship convicted the Appellant on an amended or substituted charge without prior service of the said process (charge) upon the Defendant.
   

The Court also considered the merits of the cross-appeal.

DECISION/HELD:
In the final analysis, the Court dismissed the appeal.

RATIOS:
• APPEAL – BRIEF OF ARGUMENT – Whether failure of the respondent to file brief of argument will make the appeal of the appellant to succeed
• APPEAL – RECORD OF APPEAL – Whether parties and the Court are bound by the record of appeal; presumption of correctness of the contents of a record of appeal
• CRIMINAL LAW AND PROCEDURE – AMENDMENT OF CHARGE – Position of the law on amendment of charge
• CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Instance where it cannot be said that a right to fair hearing has been breached

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