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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“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
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
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
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
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)
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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