CRIMINAL LAW AND PROCEDURE – CHARGE(S) – Whether a charge can be substituted at any time; condition(s) for a charge to be validly substituted


“Any charge or process can be withdrawn and another charge or process substituted at any time in a criminal trial so long as the defendant’s attention was drawn to the substituted charge, he was given opportunity to make a fresh plea to the new charge and all opportunities are given to the defendant to recall witnesses or call fresh witnesses to defend the new charge. See FRN V. Adewunmi (2007) LPELR-1273 (SC).” Per OGUNWUMIJU, JSC in AVIOMOH v. C.O.P & ANOR (2021-LCER-40461-SC) (Pp 8 – 8 Paras B – D).

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