language that he understands and in detail of the
nature of the offence.”
In the instant case, charge or information against the Defendants
of the offences alleged to have been committed have been
precisely stated and particulars thereof supplied as to the nature
of the offences.
Although the learned Counsel for the Defendants did not raise
this issue to quash the charge at the initial stage of trial, but he
allowed evidence adduced and i commend the foresight of the
learned Counsel, Pius Ezema Esq. And the Court of Appeal in the
case of OTUNBA ADEBAYO CHRISTOPHER ALAO AKALA V FRN,
(2014) LPELR 22930, Ibadan Judicial Division held:“An application to quash a charge is one of which if successful can
terminate a trial at inception; hence the Court must be
circumspective in considering such application. The purpose of
the application in most cases is to enable the Court to filter the
proof of evidence filed to ensure that the accused person is not
subject to the ordeal of a criminal trial with the attendant stigma
when there is in fact no good reason in law to so proceed. The
good in law pertains to the disclosure of a known offence in law
which must also tend link the accused person to the alleged
commission of the said offence. This is an essential requirement
which has its sources in the 1999 Constitution of the FRN. Section
50