CORAM
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
PARTIES
EMMANUEL BEN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
MURDER – EVIDENCE -.PRACTICE AND PROCEDURE
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
HELD
It was held that the appellant was rightly convicted of the murder of the deceased person.
ISSUES
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.”
RATIONES DECIDENDI
INSTANCE WHERE MEDICAL EVIDENCE IS NOT NECESSARY
‘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
INSTANCE WHERE MEDICAL EVIDENCE IS NOT NECESSARY
‘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
CASES CITED
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
STATUTES REFERRED TO
The Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963
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