the charge then it will be dismissed not struck out as in the case
where the charge is incompetent.
Secondly on the issue of duplication of offences, I have looked at
Counts 2 and 3 of the amended charge which I have set out
earlier. In each of the mentioned counts the Defendants are
accused of receiving N10,000,000 which is the value of each
separate and different cheques i.e. cheque no. 06676307 in
Count 2 and cheque no. 06676308 in Count 3 of the amended
charge. Learned Counsel to the 1st – 3rd Defendants’ mind may
not have been averted to this difference. Although part of the
same transaction, the law permits the offences allegedly
committed in respect of the two cheques to be charged differently
as two counts. By virtue of Section 215 of the Administration of
Criminal Justice Act, 2015 it provides as follows;
215. “Where a single act or omission the fact or combination
of facts constitutes more than one offence, the
defendant may be charged and tried at one trial for one
or more of those offences.”
The instant charge is therefore not bad for duplication of offences
as argued by Counsel to the 1st – 3rd Defendants. I have read
through the provisions of Sections 194 – 222 of the
Administration of Criminal Justice Act, 2015 which relate to
charges and the requirements thereof. The reasons given by
Counsel to the 1st – 3rd Defendants for contending that the instant
charge is incompetent and this Court lacks jurisdiction to
entertain it cannot be sustained. Under Section 195 of
Administration of Criminal Justice Act 2015, the regularity of the
amended charge in this case must be presumed. It follows
therefore, that this Court have jurisdiction in respect of the
amended charge. Counsel to the 1st – 3rd Defendants has failed to
rebut this presumption. Hence therefore I hold the view that the
instant amended charge is competent and this Court has the
requisite jurisdiction to entertain same against the Defendants
and I so hold. The 1st – 3rd Defendants’ Counsel’s first issue is
hereby resolved against the 1st, 2nd and 3rd Defendant in favour of
the prosecution.
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