NNAH GEORGE ONYEABUCHI VS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ABUJA & ORS
June 19, 2025A.G. FEDERATION VS A.G. 36 STATES
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 13151
In the Supreme Court of Nigeria
Fri Apr 5, 2002
Suit Number: SC. 44/2001
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
YOUNG UKAUWA UGURU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant inflicted machete cuts on the deceased who died 4 days later. There was no evidence that the deceased died from the injuries inflicted by the appellant.
HELD
The court held that the prosecution failed to call evidence to prove the cause of death of the deceased and quashed his conviction for murder and substituted unlawful assault.
ISSUES
1. Whether there was a valid amended information properly filed before the trial court on which the entire proceedings in the de novo trial beginning with the fresh plea up to the judgment of the trial court was founded?2. Whether in all the circumstances of this case particularly having regard to the orders made suo motu by the learned trial judge on 25/4/86 the appellant’s constitutional right to fair hearing was violated?3. Whether the guilt of the appellant was established beyond reasonable doubt as laid down by law before he was convicted for murder and sentenced to death?”.
RATIONES DECIDENDI
WHAT PROSECUTION MUST PROVE IN A MURDER TRIAL TO ESTABLISH THE GUILT OF THE ACCUSED BEYOND REASONABLE DOUBT
In a murder charge, for the prosecution to discharge its burden of proving the case beyond reasonable doubt, it must prove:- (a) The death of the deceased;
(b) The act or omission of the accused which caused the death; and
(c) That the act or omission of the accused stated in (b) above was intentional with knowledge that death or grievous bodily harm was its probable consequence- Kalgo J.S.C
NATURE OF EVIDENCE NEEDED TO PROVE THE CAUSE OF DEATH IN A MURDER TRIAL
The direct evidence required to prove the cause of death must be such as would connect the death of the deceased person with the act of the accused. This may include the evidence of a medical officer who examines or performed post-mortem examination on the deceased and certifies that the injuries inflicted on the deceased by the accused are those that caused the death of the deceased, particularly if the deceased did not die in the course of the act of his assailant. Kalgo J.S.C.
CASES CITED
Gira v. State (1996) 4 NWLR (pt. 443) 375 at page 383;Nwaeze v. State (1996) 2 NWLR (pt. 428) 1 at page 11; Ogba v. State (1992) 2 NWLR (pt. 222) 164Oguntolu v. State (1996) 2 NWLR (pt. 432) 503Ibrahim v. State (1991) 4 NWLR (pt. 186) 397;Kada v. State (1991) 8 NWLR (pt. 208) 134;Onogwu v. State (1995) 6 NWLR (pt. 401) 276
STATUTES REFERRED TO
The 1999 ConstitutionThe Criminal Procedure Act
