charge stated. In the case of MATHEW SONOMA V I.G.P, (2013)
LPELR 20833, the Court of Appeal, Abuja Judicial Division held: “An accused person can only be charged for an offence
created by law. In charging the accused, essential
elements upon which he is charged must be captured in
the charge. Each count which complains about the
conduct of an accused person must be specific and
precise. The particulars of the offence must state the
specific criminal conduct upon which the accused is
arraigned otherwise. In other words, each count of the
charge as framed must contain dispositions disclosing
an offence against the accused person, otherwise an
accused person can be discharged on such a defective
change.”
See also OJO V FRN, (2008) 11 NWLR (pt 1099) page 467
at 513 – 514, EDET V STATE, (2008) 14 NWLR (pt 1106)
page 52 at 65 – 66.
Further, by Section 196 (1) of the Administration of Criminal
Justice Act 2015, it provides: “The charge shall contain such particulars as to the
time
and
place
of
the
alleged
offence
and
the
Defendant, if any, against whom or the thing, if any, in
respect of which it was committed as are reasonably
48