the alleged contradiction in the prosecution’s witnesses referred to by
the learned defence counsel, it most stated that, the contradictions that
the learned defence counsel raised has to do with the original charge
sheet however, it is not in dispute that the defendant was arraigned
before this court he pleaded to the original charge against him on
7th/6/2023, this trial therefore commence on 4th/10/2023 when the
trial was to proceed, the original charge was abandoned, and then the
new charge was filed after the application by the prosecution under
section 215 of the ACJL of sokoto state 2019, a trial court is entitled to
amend the charge before the delivery of judgment in the charge see
Case of R V Kano and another (1951) 20 NWLR 32, a decision of the
then Supreme Court of Nigeria which was subsequently endorsed by
the West Africa Court of Appeal in which it was held that it was
permissible to amend a charge after final addresses of counsel but
before judgment provided that section 164 and 165 of the Criminal
Procedure Act were strictly complied with provided that alteration
could be made at that stage without injustice to the accused. See also
the cases of AYUB & HAN V THE STATE (1991) 2 NWLR (pt 172)
127 and ECHEAZU V COP (1974) 2SC 55 at 69 (pp 16 – 17 Paras EG).
However, there is no doubt about it that where a charge is amended,
the former one seize to govern the proceeding and remain a nullity and
of no useful purpose, the effect of amendment or substitution of charge
was to relate back to the date that the first charge was filed and original
charge are deemed not to be in existence, the defence counsel cannot
therefore claim that there is contradictions on the name of the
defendant, since the amended charge contained the name of the
defendant as Wadata Dan-Umma and not Wadata Dan-Jumma as the
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