The case of R. v. Nath (1961) All NLR 500 though slightly different appears to have been decided on same principles with the present case. The accused in that case, while struggling with the deceased for the possession of some fruits, pushed the deceased down and struck her twice in the stomach with a stick. Her spleen was enlarged as a result of chronic malaria which ruptured it and she died almost at once. The court found the accused did not intend to cause grievous harm which as the court found was not an objectively forceable consequence of the blows he inflicted on the deceased. The Supreme Court set aside a verdict of murder and substituted a verdict of manslaughter.
CRIMINAL RESPONSIBILITY REQUIRES ACTUS REUS & MENS REA
In law, criminal responsibility cannot be treated as mere function of actus reus, the physical act, unless in strict liability offences or as mere civil responsibility. Thus, to allege a crime against another person is not and cannot be a mere tea party to be embarked upon carelessly or thoughtlessly or lightly. It is a decision that must be weighed and reached properly and must be intended to achieve justice to the society more than to the individual. This is perhaps, why crimes are usually said to be committed against the state even where the primary or nominal person against whom it was done may be an individual.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021