In the case of Christian Diogu v. The Commissioner of Police (2000) 1 K.L.R. (Pt. 94) 195 the appellant was charged for conspiracy and murder before the Chief Magistrate’s Court, Onitsha. The Chief Magistrate remanded the appellant in custody. He applied to the High Court for a bail. The High Court dismissed his application on the ground that it would not be in public interest to admit the applicant to bail. The applicant then appealed to the Court of Appeal, Enugu Division. The Court of Appeal in granting bail was of the view that it would be dangerous to merely arrest citizens of this country on allegation of murder without substantial facts in support and keep them in custody merely because they are being accused of murder. From the facts of that case the prosecution did not even provide the court with proof of evidence to show that there was a prima facie case of murder against the appellant.
Be that as it may, however, it is now well settled that as much as medical evidence is desirable to prove the cause of death in homicide cases, it is not a sine quo non. It has been laid down in a long line of cases that cause of death can be established by sufficient evidence. other than medical evidence, showing beyond reasonable doubt that death resulted from the particular act of the accused. See Akpuenya v. The State (1976) 11 S.C. 269, 278. In Lori v. The State (1980) 8-11 S.C. 81 at 97.
— Ogundare, JSC. Azu v State (1993) – SC. 131/1992