ZANNA MUSA HINDI V. THE STATE
August 11, 2025MESSRS. MISR (NIG.) LTD V. MALLAM YUSUFU IBRAHIM
August 11, 2025Legalpedia Citation: (1974-05) Legalpedia (SC) 30111
In the Supreme Court of Nigeria
Thu May 23, 1974
Suit Number: SC 143/1974
CORAM
IBEKWE, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
ANTHONY lKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
AFEHE HUMBE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- AMENDMENT OF A CHARGE
SUMMARY OF FACTS
The Appellant was convicted of the murder of his brother but during the hearing of the case, the prosecution orally amended the charge to include the subsection to the section under which the accused was being prosecuted without explaining to the accused and the counsel to the accused did not object.
HELD
The Supreme Court dismissed the appeal and affirmed the conviction and sentence of the appellant because the amendment did not occasion any failure or miscarriage of justice.
ISSUES
Whether the whole proceedings were a nullity in that I was convicted and sentenced on an amended charge which was neither read nor explained to me and to which I made no plea in accordance with Section 208 (2) of the C.P.C.
RATIONES DECIDENDI
EFFECT OF NON-COMPLIANCE WITH THE PROVISIONS AFTER AMENDMENT OF A CHARGE
CASES CITED
Not Available
STATUTES REFERRED TO
Section 382 of the Criminal Procedure Code
Section 26(1) of the Supreme Court Act
