CORAM
MUHAMMADU LAWAL UWAIS, JUSTICE, SUPREME COURT (Presided)
KABIRI-WHYTE, JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT (Presided and Read the Leading Judgement)
PARTIES
EMWENYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The deceased, in the company of her sister witnessed a vehicle collide with the appellant’s daughter. To console the appellant’s wife, the deceased and her sister decided to walk her home only for the appellant to slap and attack the deceased with a hammer, who later died by the time she was rushed to the hospital.?
HELD
The Court held that the cause of death could be inferred from the brutality of the-attack by the appellant on the deceased in an unprovoked manner, and as such found the appellant guilty, affirming the conviction and death sentence of the trial court.
ISSUES
Whether or not the prosecution proved its case beyond reasonable doubt since it failed to prove with certainty, the cause of death.
RATIONES DECIDENDI
CONVICTION ON THE UNCORROBORATED EVIDENCE OF A TAINTED WITNESS
It is true it is not safe to convict on uncorroborated evidence of a tainted witness. But nothing in the whole evidence on record showed the witness was confronted with the fact that she could be an interested party who wished somebody held responsible for the death of her sister – Per Belgore, JSC.
PROOF OF MURDER
In a murder case, for the prosecution to prove its case in certain cases, it must produce evidence that the victim of the offence not only died but also the cause of death and it was the act of accused person that caused that death. The cause of death C is easily proved by evidence of witnesses who saw the very act that caused the death or in some cases of injuries to the victim, the medical evidence if available of the doctor who examined the corpse and prefers opinion as to the cause of death – Per Belgore, JSC
CASES CITED
1. lkemson v. The State (I989)3 NWLR(Pt.110)455; 2. Bature v.The State (1991)5NWLR(Pt.l94)697, 708]3. Okolp v. The State (197,4) 2 S .C.4. Idahosa & Anor. v. R. (1965) NMLR 85, 885. Ogundipe & Ors. v. R XIV (1954) WACA 458; 6. Eric Uyo v. Attorney -General Bendel State (1986) 1 NWLR (Pt. 17)418,432 7. 0kpara v .The State (1988) 5 NWLR (Pt.94) 255].
STATUTES REFERRED TO
None