INGREDIENTS TO PROVE OFFENCE OF MURDER

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

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.”

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

CIRCUMSTANCES WHERE A PERSON IS DEEMED TO UNLAWFULLY KILL ANOTHER

A person who unlawfully kills another under any of the following circumstances is guilty of murder: (1) If the offender intends to cause the death of the person killed or that of some other person. Under this heading, the prosecution is bound to prove beyond reasonable doubt: (a) that the deceased died; (b) that the death of the deceased resulted from the act of the accused; (c) that the act of the accused was intentional with the knowledge that death or grievous bodily harm was its probable consequence. See Section 316(1) of the Criminal Code Cap 30 Vol. II Laws of Eastern Nigeria 1963 as applicable in Imo State of Nigeria under which the appellant was charged, tried, convicted and sentenced to death. See also Offorlete v. The State (2000) 80 LRCN 26 20; Effiong v. The State (1998) 59 LRCN 39 61; Richard Igago v. The State (1999) 73 LRCN 3502 at 3535. (2) If the offender intends to do to the deceased or to some other person some grievous harm. See Section 316(2) of the Criminal Code (supra); R v. Dim (1952) 14 WACA 154; R v. Adi (1955) 15 WACA 6. (3) If death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life. The unlawful act need not be a felony so long as it is likely to endanger human life. See Section 316 of the Criminal Code (supra); Obayi Asa v. The State (1976) 7 SC 173; Idowu v. The State (2000) LRCN 2788; R v. Attah (1961) 1 All NLR 590. (4) 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 a warrant, or for purpose of facilitating the flight of an offender who has committed or attempted to commit any such offence. (5) If death is caused by administering any stupefying or overpowering things for either of the purposes in (4) above. (6) If death is caused by willfully stopping the breath of any person for either of such purpose. See Section 316(6) of the Criminal Code (supra).

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

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)

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)

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