CORAM

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SALIHU MODIBBO ALFA BELGORE

SUNDAY AKINOLA AKINTAN

S. M. A. BELGORE JUSTICE, SUPREME COURT

A. I. KATSINA-ALU JUSTICE, SUPREME COURT

D. MUSDAPHER JUSTICE, SUPREME COURT

S. A. AKINTAN JUSTICE, SUPREME COURT

I. F. OGUAGU JUSTICE, SUPREME COURT

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PARTIES

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EMMANUEL BEN

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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MURDER – EVIDENCE -.PRACTICE AND PROCEDURE

 

 

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SUMMARY OF FACTS

The deceased, a young man of about 26 years old, was struck on the head with a big stick . He fell down immediately unconscious. He never regained consciousness until he was pronounced dead a few hours later in the hospital

 

 

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HELD

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It was held that the appellant was rightly convicted of the murder of the deceased person.

 

 

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ISSUES

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1. Whether the Court of Appeal was right in affirming that the absence at the trial of medical evidence as to the cause of death was not fatal to the prosecution case.

 

2.  Whether the Court of Appeal was right in confirming and affirming the conviction and sentence of the appellant by trial court.”

 

 

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RATIONES DECIDENDI

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INSTANCE WHERE MEDICAL EVIDENCE IS NOT NECESSARY

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 ‘Where the cause of death is obvious, medical evidence ceases to be of any practical or legal necessity in homicide case. Such a situation arises where death was instantaneous or nearly so.’ AKINTAN, JSC

 

 

 

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INSTANCE WHERE MEDICAL EVIDENCE IS NOT NECESSARY

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‘Where there is other evidence upon which the cause of death can be inferred (as in the instant case) it is not vital to have resort to Medical Report’ OGBUAGU, JSC

 

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CASES CITED

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1. Tonara Bakuri v. The State (1965) NMLR 163 at 164,

2. Eric Uyo v. Attorney-General of Bendel State (1986) 1 NWLR (Pt. 17) 418;

3. Onwlanere v. The State (1991) 4 NWLR (Pt. 186) 428

 

 

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STATUTES REFERRED TO

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The Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963

 

 

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