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IN MURDER CASE, IT MUST BE SHOWN THAT THE DEATH OF THE DECEASED WAS CAUSED BY THE ACCUSED

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Dictum

In Lori v. State (1980) 8-11 SC 81 at 95-96, this court per Nnamani, JSC said: “In a charge of murder, the cause of death must be established unequivocally and the burden rests on the prosecution to establish this and if they fail the accused must be discharged. See Rex v. Samuel Abengowe 3 WACA 85; R v. Oledima 6 WACA 202. It is also settled law that the death of the victim must be caused by the act of the accused or put differently it must be shown that the deceased died as a result of the act of the accused. See Sunday Omonuju v. The State (1976) 5 SC 1, Frank Onyenankeya v. The State (1964) NMLR. 34.”

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INGREDIENTS FOR MURDER

If the offender intends to do to the person killed or to some other person some grievous harm; If death is caused by means of an act done in the prosecution of an unlawful purpose, which all is of such a nature as to be likely to endanger human life ; If the offender intends to do grievous harm to some person for the purpose of facilitating the commission of an offence which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such offence; If death is caused by administering any stupefying or overpowering things for either the purposes last aforesaid; If death is caused by willfully stopping the breath of any person for either of such purposes, is guilty of murder. In the second case, it is immaterial that the offender did not intend to hurt the particular person who is killed. A In the third case, it is immaterial that the offender did not intend to hurt any person.

— Onnoghen, JSC. Njoku v. The State (2012)

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THERE NEED NOT BE AN INTENT TO KILL FOR MURDER TO SUCCEED

What then is Murder as an offence with which the appellant was charged, convicted and sentenced? Murder is the taking of human life by a person who either (a) has a malicious and willful intent to kill or do grievous bodily harm, or (b) is wickedly reckless as to the consequences of his act upon his victim. For murder therefore, there must be an evil intent, that is, a criminal intent although it is not necessary that there should be an intent to kill. See; R v. Viockers (1957) 2 All ER 741 at 744.

— Ariwoola JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)

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IN MURDER: THE DEATH OF THE DECEASED MUST BE ESTABLISHED

In a charge of murder the cause of death of the deceased must be established unequivocally and the burden rests on the prosecution to establish this and if they fail the accused must be discharged.

– Nnamani JSC. Lori v. State (1980)

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MURDER AND BAIL; IT MAY NOT BE PROPER TO KEEP ACCUSED IN CUSTODY JUST BECAUSE MURDER IS ALLEGED AGAINST HIM

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.

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THERE MUST BE A NEXUS BETWEEN THE DEATH OF THE DECEASED AND THE ACT OF THE ACCUSED

Also settled, is that in a murder trial, the prosecution, must show conclusively, that the death of the deceased was caused by the act of the accused person. In other words, there must be a nexus between the act of the accused person and the death of the victim.

— Ogbuagu, JSC. Udosen v State (2007) – SC.199/2005

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INGREDIENTS FOR A CONVICTION OF MURDER

The law has been long established in a legion of judicial authorities that before an Accused person can be convicted for the offence of murder, the prosecution is duty bound to prove the following ingredients beyond reasonable doubt: a) That the deceased died; b) That it was the unlawful act or omission of the Appellant which caused the death of the deceased; and c) That the act or omission of the accused which caused the death of the deceased was intentional with the knowledge that death or grievous bodily harm was its probable consequence.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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