36(6) (a) of the Constitution requires that “ every person who is
charge with a criminal offence shall be entitled to be informed
promptly in the language that he understands and in detail of the
nature of the offence.”
The Court of Appeal then posed a question:“ Has the Appellant then duly informed in detail of the nature of
the offence? As to Counts, section 36 (12) requires that “ a
person shall not be convicted of a criminal offence unless that
offence is defined and the penalty therefore is prescribed in a
written law.” Now at the inception of a trial, the Court is still very
far from conviction. Further the requirement is an offence which
is defined and with penalty thereof prescribed.”
In the instant case, as I said earlier, the particulars of the offence
sufficiently described
the roles of the Defendants, the law
alleged to have been contravened and the law prescribing
punishment for the offences.
Thus, the objection of the learned Counsel for the Defendants is
completely misplaced, misconceived and not anchored on any
relevant law or statute and it is accordingly dismissed.
Having said the above, by the evidence adduced by the
prosecution including the exhibits tendered in evidence especially
the evidence of PWs 1 and 2, exhibit 3 and the
confessional
statements of the Defendants, the prosecution have proved the
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