AMENDMENT OF A CHARGE: Proper procedure to take when a charge is amended

"The proper procedure to take when a charge is amended is for the court to read and explain to the accused every allegation or addition to the charge and to call upon the accused to make a fresh plea and to say whether he was ready to be tried on the amended charge and/or to recall all witnesses who may have given evidence and to ask the prosecution and the accused if they wish to examine or cross-examine them. See: Adisa v. Attorney-General (1965) 1 All NLR 412 at 416.

Failure to follow this procedure would render the whole Proceedings a nullity. See: Joves v. Inspector General of Police (1960) 5 FS 38 at 43."

Per MUNTAKA-COOMASSIE, J.S.C. in CHUKWUKA OGUDO v. THE STATE
CITATION: (2011) LPELR-SC.341/2010