MADU MANAMA VS BORNU NATIVE AUTHORITY
September 4, 2025OLOYEDE AKINGBADE VS OYEYIPO ELEMOSHO
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 49949 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Apr 9, 1964
Suit Number: FSC 59/1964
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
Criminal Law, Murder, Manslaughter, Onus of Proof
SUMMARY OF FACTS
The appellant was convicted at the trial court of the offence of murdering his wife and has appealed against that conviction
HELD
The court held that onus of proof is on the prosecution and the prosecution and that the prosecution failed to prove that the act of the appellant caused the death of the deceased and accordingly quashed the conviction and sentence on the appellant.
ISSUES
1. Whether the prosecution proved that the act of the appellant led to the death of the deceased
2. Whether failure to call medical evidence to show cause of death is fatal to the case of the prosecution
RATIONES DECIDENDI
ON ESSENCE OF MEDICAL EVIDENCE IN A MURDER TRIAL
“It is good law that medical evidence is not always essential though desirable to prove the cause of death, but the evidence must in any case be such as to show that the death of the deceased was caused by the act of the appellant.” TAYLOR, J.S.C
ON ESTABLISHING A CHARGE OF MURDER OR MANSLAUGHTER
“Now to establish a charge of murder or manslaughter it must be proved not merely that the act of the accused person could have caused the death of the deceased, but that it did” Taylor, J.S.C
CASES CITED
Rex v. William Oledima 6 W.A.C.A. 202
STATUTES REFERRED TO
Not Available
