CRIMINAL LITIGATION: PRACTICAL STEPS TO DRAFTING A CHARGE

Drafting is like driving of a car, you need to understand the various steps to take, the rules you must master to drive perfectly. You can only be a Master when you Practice it daily.

N.B: REFER TO OUR PREVIOUS POST ON COMMENCING ACTION AND CHARGES FOR BACKGROUND UNDERSTANDING

So in drafting, you must do the following before you start to draft (THE PRINCIPLE OF ISOLATION):

1.      Identify the Parties (offenders)

2.      Identify the offenses

3.      Identify the dates and places of commission of offence

4.      Identify the drafting Authority

AFTER,

1.     

 Cross-check the offenses you identified with the Laws you were given

TWO THINGS WILL HAPPEN:

1)      If you don’t have any law on the offence you identify strike it out

2)      If you have, mark it with the offence you have identified.

ALSO NOTE WHEN YOU WILL DRAFT ANOTHER CHARGE SHEET;

1.      When there is a break in transaction of the commission of the offence

THE CONTENT OF YOUR DRAFT MUST FOLLOW THE RULES OF DRAFTING:

1.      Rule of duplicity

2.      Rule of ambiguity

3.      Rule against Mis-joinder of offence

4.      Rule against Mis-joinder of offenders

N.B: IF IN THE QUESTION WE WERE GIVEN TWO STATUTES TO A PARTICULAR OFFENCE, WE MUST CHARGE ON THAT ALTERNATIVE STATUTE IN A DIFFERENT COUNT BUT IN THE SAME CHARGE SHEET

N.B: THAT THE SECTION YOU WILL USE IS THE PUNISHMENT SECTION

THE GENERAL CODE OF DRAFTING WILL BE ADPOPS

IN DRAFTING AN INFORMATION CODE: ADPP

IN DRAFTING A CHARGE CODE: ADPOPS 

SAMPLE DRAFT FOR INFORMATION (Applicable when drafting in the High Court in the south, and High Court in FCT)

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN T LAGOS   

                                                                                                            CHARGE NO (SOUTH)

BETWEEN:

THE STATE OF LAGOS_______________                           COMPLAINANT

VS

1.      PERPERSHEEN OPALINGO

2.      BENSON BROWN

3.      ABUTABAD MANITOBA                              DEFENDANT (SOUTH)

4.      MAJID TANKO

At the session of the High Court holding in Lagos Judicial division on the 30^th day of December  2016, the court is informed by the Attorney General of Oyo State on behalf of the State that the following persons:

1.     

          PERPERSHEEN OPALINGO

2.      BENSON BROWN

3.      ABUTABAD MANITOB

4.      MAJID TANKO

Are charged with the following offences; (ALL THESE HIGHLIGHTED IS CALLED PREAMBLE)

COUNT ONE

STATEMENT OF OFFENCE

Murder, contrary to Section 221 of criminal law of Lagos state

PARTICULARS OF OFFENCE

Perpersheen Opalingo, Benson Brown, Abutabad Manitob and Majid Tanko on the 20^th March 2016 at No 16 Ninlan Road Obalende, Lagos within the Judicial division of this court Murdered Balnka Munro…

……………

Dated this 30^th day of December 2016 (PLS ALWAYS PUT DATE ON THE DAY YOU DRAFTING)

--------(PUT YOUR SIGNATURE)

NAME

DRAFTING AUTHORITY (IF IT IS A Principal State Counsel write that don’t put something else)

FOR: ATTTORNEY GENERAL OF STATE

SAMPLE DRAFT FOR CHARGE (Applicable in the High Court in the North)

IN THE HIGH COURT OF BAUCHI STATE

IN THE BAUCHI JUDICIAL DIVISION

HOLDEN AT BAUCHI

                                                                                                                        CASE NO(NORTH)

BETWEEN:

THE STATE                                                                                        COMPLAINANT

VS

1.         ABU TERROR

2.         YISA KUDU

3.         BASHIR CHAD

4.         ALLI GWAGWA

5.         KOLO STRONG

6.         SULEJA TEXAS                                                                ACCUSED PERSONS (NORTH)

1ST CHARGE

Abu Terro, Yisa Kudu, Bashir Chad, Ali Gwagwa, Kolo Strong and Suleja Texas on the 13th day of June 2012 at No. 2 Hankuri Drive Bauchi and within the Judicial Division of this Honorable Court, severally beat up Yaro Maiguard the security man on the premises and thereby committed the offence of assault punishable under section 265(a) of the Penal Code.

Dated this 30^th day of January, 2016

_______ (signature)

Name

PRINCIPAL STATE COUNSEL

FOR: ATTORNEY GENERAL OF THE STATE   

SAMPLE DRAFT FOR MAGISTRATE COURT IN THE NORTH

IN THE MAGISTRATE COURT OF KANO STATE

IN THE KANO MAGISTERIAL DISTRICT

HOLDEN AT KANO

                                                                                                                        CASE NO___

BETWEEN:

COMMISSIONER OF POLICE                                                                        COMPLAINANT

AND

1.      UMARI OBI                                                                            ACCUSED

I, MALLAM SABO SULEJA, Chief Magistrate Grade I charge you as follows: (INTRODUCTORY)

CHARGE ONE (BODY)

That you Umaru Obi on the 2nd day of November 2013 at the Julius Berger roundabout Kano and within the Magisterial District of this Court, badly beat Mallam Yusuf and thereby committed the offence of assaults punishable under SECTION 265 PENAL CODE.

 I hereby directs that you be tried for the said offence by this court (DIRECTIONAL)

DATED THIS 7th DAY OF DECEMBER 2013

________

MALLAM SABO SULEJA

CHIEF MAGISTRATE GRADE I

N.B: THIS IS THE SAME FORMAT IN ABUJA WHAT WILL CHANGE:

1. Charge No instead of Case No

2. Defendant instead of Accused

3. Count instead of Charge

                                   

 TO BE CONTINUED!!! (AMENDMENT OF CHARGES)

CONSTANT PRACTICE WILL HELP US ALL…..

ADVICE: KEEP DRAFTING AND GET A LECTURER TO HELP IN ASSESSING YOU

DO NOT DRAFT IN YOUR MIND, PUT IT DOWN…….

READ HARD

PRAY HARD

EAT HARD

REST HARD……We are nothing but a Pencil in the Hand of the Creator………