Section 171
When persons may be charged jointly
When more persons than one are accused of the same offence or of different offences committed in the same transaction, or when one person is accused of committing an offence and another of abetment of or attempt to commit the same offence, they may be charged and tried together or separately as the Court thinks fit, and the provisions contained in the former part of this Chapter apply to all such charges.
Illustrations
(a)
A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b)
A and B are accused of a robbery, in the course of which A commits a murder with which B has nothing to do. A and B may be tried together on a charge of the robbery and A alone with murder.
(c)
A and B are both charged with a theft, and B is charged with two other thefts committed by him in the course of the same transaction A and B may be both tried together on a charge charging both with the one theft and B alone with the two other thefts.
(d)
A and B, being members of opposing factions in a riot, should be charged and tried separately.
(e)
A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.
Withdrawal of remaining charges on conviction on one of several charges 172.
(1)
When more charges than one are made against the same person and when a conviction has been had on one or more of them, the officer or other person conducting the prosecution may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into or trial of such charge or charges.
Criminal Procedure Code
CAP.7 115
(2)
Such withdrawal or stay shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction)
may proceed with the inquiry into or trial of the charge or charges so withdrawn or not proceeded with.