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MEDICAL CERTIFICATE OF CAUSE OF DEATH IS NOT REQUIRED WHERE DEATH WAS INSTANTANEOUS FROM THE ACT

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MEDICAL CERTIFICATE OF CAUSE OF DEATH IS NOT REQUIRED WHERE DEATH WAS INSTANTANEOUS FROM THE ACT

Adamu v. State (2026) 12 NWLR (Pt. 2055) 419 at 444, B—C per Nwosu-Iheme JSC: ‘It has been established that a medical certificate as to the cause of death may be dispensed with where death occurred instantly or almost immediately from the voluntary act of the accused person. See Bakari v. State (2024) 16 NWLR (Pt. 1965) 423. Where a person dies shortly after an attack by an accused, it is presumed that it is the accused that killed him. Medical evidence is not essential in establishing the cause of death where the deceased was attacked with a lethal weapon and died instantly. See Shaibu v. State (2017)16 NWLR (Pt. 1592) 396. See also Amao v. State (2022) 10 NWLR(Pt. 1838) 323 and Jibrin v. State (2022) 4 NWLR (Pt. 1820) 269.’

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MEDICAL REPORT AND EVIDENCE IN CHIEF

In David Ifenado v. The State (1967) N.M.L.R. 200, a decision of this Court which was relied on by the Federal Court of Appeal, the doctor after his evidence in chief produced a medical report which was received in evidence. Brett, J.S. C. (delivering the judgment of the Court) held that It was clearly inadmissible at that stage. The Doctor might properly have been allowed to refresh his memory from the report under Section 215 of the Evidence Act and the defence would then have been entitled to see it and cross-examine on it, in which case it might have been produced in evidence but it ought not to have been admitted at the trial in the evidence-in-chief.

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MEDICAL EVIDENCE IS NOT PREREQUISITE TO ESTABLISH MURDER

Learned counsel for the appellant raised eyebrows on the failure of the prosecution/respondent to tender any medical report on the death of the deceased victim. It is trite law, that medical evidence though is desirable in establishing the cause of death in a case of murder, it is however not essential or a pre-requisite in a situation where there are facts sufficient enough to show the cause of death to the satisfaction of the Court. See LORI V STATE (supra) Uwaegbe Enewoh v The State (1990) NWLR (pt.145) 469 or (1990) 7 SC.

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

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ABSENCE OF MEDICAL REPORT IN RAPE CASE NOT FATAL

The absence of a medical report in a case of rape is not fatal to the case of the Prosecution if there are other factors to corroborate the commission of the offence. – EBIOWEI TOBI, J.C.A. Abdul v. State (2021)

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MURDER CASES: MEDICAL EVIDENCE CAN BE DISPENSED WITH

It is conceded that medical evidence is not always essential. Where the victim dies in circumstances in which there is abundant evidence of the manner of death medical evidence can be dispensed with.

– Nnamani JSC. Lori v. State (1980)

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