CORAM

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VICTOR AIMEPOMO OYELEYE OMAGE, JUSTICE, COURT OF APPEAL

MORONKEJI OMOTAYO ONALAJA

JOHN AFOLABI FABIYI, JUSTICE, COURT OF APPEAL

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PARTIES

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EMMANUEL BEN APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant was charged with the offence of murder of one Ndukwe Iroanya at the trial Court. The learned trial Court rejected the plea of the Appellant which lead to his conviction and sentence to death. Being dissatisfied with the judgment of the trial court, the Appellant have now appealed to the Court of Appeal.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the absence of medical evidence as to the cause of death in the case was fatal to the prosecution case.Whether the prosecution proved the case of murder against the appellant beyond reasonable doubt as required as required by Section 138(1) of the Evidence act.Whether the trial Court was justified in convicting and sentencing the appellant for the murder of the deceased.

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RATIONES DECIDENDI

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CAUSE OF DEATH – ON WHO LIES THE ONUS OF PROVING CAUSE OF DEATH BEYOND REASONABLE DOUBT

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“It is trite in law that the onus is on the prosecution to prove the cause of death beyond reasonable doubt. In proving the cause of death beyond reasonable doubt, it is not only by production of medical evidence that the proof may be made. Where the victim of a beating died and the evidences leaves no doubt as to the manner and cause of death, medical evidence can be dispensed with See (i) Fonara Buhari v. The State 1965 NMLR 16,2; (ii) Ademo Kano v. The State (1968) NMLR 222.” PER OMAGE JCA

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CASES CITED

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Ademo Kano v. The State (1968) NMLR 222 Fonara Buhari v. The State 1965 NMLR 16,2;

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STATUTES REFERRED TO

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Criminal Code Laws of the Federation

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