CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
SUNDAY OMONUJU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant called the deceased who was eating; she replied that she was coming. She did not go quickly so he hit her on the head with a pestle, gave her a kick on her belly, though she was expecting, she died 3 months later.
HELD
The court held that the facts in evidence justified the inference that he intended to do grievous harm and while such intention is relevant to prove murder, it is insufficient to sustain a conviction for attempted murder.
ISSUES
Whether there was sufficient nexus established by medical evidence between the appellants assault on the deceased and the cause of her death to make the appellant liable for murder.
RATIONES DECIDENDI
MEDICAL EVIDENCE
” It is good law that medical evidence is not always essential though desirable to prove the case of death but the evidence must in any case be such as to show that the death was caused by the act of the appellant”
PER IDIGBE JSC
CASES CITED
FRANK ONYENANKEYA V. THE STATE (1964) NMLR 34
THE QUEEN V. IZOBO OWE (1961) I ALL NLR 680
STATUTES REFERRED TO