RAJI ORIARE V. GOVERNMENT OF WESTERN NIGERIA
August 27, 2025RUFAI KEKEREOGUN V. ALIMI H. OSHODI
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 18431
In the Supreme Court of Nigeria
Thu Mar 18, 1971
Suit Number: SC 252/1970
CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
RAMOND OZO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was one of the guests invited to a marriage feast by one Gabriel Ude. The appellant attended the feast with for bodyguards, in the course of the feasting, the appellant was seen beating one Peter Ani and according to witness, he hit him several times on the forehead with a stick. Three days later the corpse of Peter Ani was seen by the river.
HELD
The court held that the appeal must and does succeed. The conviction of the appellant for murder is hereby quashed and the sentence of death passed on him is set aside. We enter a verdict of acquittal and discharge in his favour.
ISSUES
1. Whether the learned trial judge erred when he convicted the appellant for the offence and sentenced him to death when there was no evidence of the cause of death nor that Peter Ani had died at the hands of the appellant.
RATIONES DECIDENDI
PROOF OF CAUSE OF DEATH
“The position in law is that if no medical evidence is available or sought there must be in order to establish the cause of death, evidence compelling the inference that the deceased died as a result of an act or omission of the person charged with causing his death. Evidence short of this will not prove beyond reasonable doubt the guilt of the accused person and indeed such evidence must leave room for inferences which are equally consistent with the innocence of the accused person.” COKER, JSC.
CASES CITED
R. v. Nwokocha 12 WACA 453
STATUTES REFERRED TO
