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INGREDIENTS FOR A CONVICTION OF MURDER

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Dictum

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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INGREDIENTS TO PROVE MURDER BEYOND REASONABLE DOUBT

It ought to have been established and is a well settled law too, that in a case of murder under Section 316 of the Criminal Code, the prosecution must prove beyond reasonable doubt the underlisted ingredients of the offence; namely: (a) That death of a human being has been caused (b) That it was the act of the accused that caused or led to the death of the deceased. (c) That the act or acts were done with the intention of causing death; or (d) The accused knew that death would be the probable consequence of his act or acts See Omini Vs The State (1999) 12 NWLR (pt.630) 168 or (1999) 9 SC 1; Abogede V The State (1996); Ogba v The State (1992) 2 NWLR (pt.222) 164.

— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

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ESSENTIAL ELEMENTS OF THE OFFENCE OF MURDER

In a charge of murder such as the one under discourse, the prosecution must lead credible evidence to establish the essential elements of the offence which are the following: (a) That the deceased had died. (b) That the death of the deceased was caused by the accused person and (c) That the act or omission of the accused person which caused the death of the deceased was intentional with knowledge that death or grievous bodily harm was a probable consequence.

– M. Peter-Odili, JSC. Enabeli v. State (2021)

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INGREDIENTS TO SUCCEED IN A MURDER CASE

“Generally, in a murder charge, the prosecution must prove beyond reasonable doubt the following:- (1) That the deceased died. (2) That it was the unlawful act or omission of the accused person which caused the death of the deceased, and (3) That the act or omission of the accused which caused the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence. The prosecution can rely on direct eye witness account or by circumstantial evidence. The prosecution can even prove same by the confession of the accused. See Kaza v The State (2008) 7 NWLR (pt 1085) 125, Akinlolu v The State (2015) LPELR 25986 (SC), Ogedengbe v The State (2014) 12 NWLR (pt 1421) 338, Durwode v The State (2000) 15 NWLR (pt 691) 467.”

— J.I. Okoro, JSC. State v Ifiok Sunday (2019) – SC.709/2013

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INGREDIENTS FOR A CHARGE OF MURDER TO SUCCEED

For a conviction to be secured in a charge of murder as prescribed under section 319(1) of the Criminal Code, Cap. 48, Vol. II, Laws of the defunct Bendel State of Nigeria, 1976 as applicable in Edo State, the following ingredients must be proved thus: (i) That the deceased died; (ii) That the death of the deceased resulted from the act of the accused person; (iii) That the act of the accused person was intentional with knowledge that death or grievous bodily harm was its probable consequences.

— M.U. Peter-Odili, JSC. Enobong v. The State (2022) – SC/CR/249/2020

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MEDICAL EVIDENCE IS NOT A SINE QUA NON FOR THE ESTABLISHMENT OF MURDER

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

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ELEMENTS OF THE OFFENCE OF MURDER

The essential elements or ingredients that constitute the offence are: (1) The death of a human being; (2) That the death of the deceased resulted from the act/s of the person accused. (3) That the act/s of the person accused was/were intentional with the knowledge that death or grievous bodily harm was its probable consequence.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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