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INGREDIENTS TO PROVE OFFENCE OF MURDER

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The law is well settled that in murder cases, (as in this instant case) the prosecution, in order to obtain conviction must prove the under mentioned ingredients of the offence of murder, beyond reasonable doubt. They include the followings:- (1) That the deceased died (2) That the death of the deceased was caused by the act(s) or omission of the accused person/appellant. (3) That the act or omission of the accused/appellant was intentional or with knowledge that death or bodily harm was its probable consequence. See Okin Nsibehe Edoho vs The State (2010) 14 NWLR ( pt. 1214) 651; Audu v State (2003) 7 NWLR (pt.820) 516; R. V. Nwokocha (1949)12 WACA 453; R v Owe (1961) 2 SCNLR 354; State v Omoni (1969)2 ALL NLR 337.

— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016

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murder

THERE NEED NOT BE AN INTENT TO KILL FOR MURDER TO SUCCEED

What then is Murder as an offence with which the appellant was charged, convicted and sentenced? Murder is the taking of human life by a person who either (a) has a malicious and willful intent to kill or do grievous bodily harm, or (b) is wickedly reckless as to the consequences of his act upon his victim. For murder therefore, there must be an evil intent, that is, a criminal intent although it is not necessary that there should be an intent to kill. See; R v. Viockers (1957) 2 All ER 741 at 744.

— Ariwoola JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)

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MURDER AND BAIL; IT MAY NOT BE PROPER TO KEEP ACCUSED IN CUSTODY JUST BECAUSE MURDER IS ALLEGED AGAINST HIM

In the case of Christian Diogu v. The Commissioner of Police (2000) 1 K.L.R. (Pt. 94) 195 the appellant was charged for conspiracy and murder before the Chief Magistrate’s Court, Onitsha. The Chief Magistrate remanded the appellant in custody. He applied to the High Court for a bail. The High Court dismissed his application on the ground that it would not be in public interest to admit the applicant to bail. The applicant then appealed to the Court of Appeal, Enugu Division. The Court of Appeal in granting bail was of the view that it would be dangerous to merely arrest citizens of this country on allegation of murder without substantial facts in support and keep them in custody merely because they are being accused of murder. From the facts of that case the prosecution did not even provide the court with proof of evidence to show that there was a prima facie case of murder against the appellant.

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THERE MUST BE A NEXUS BETWEEN THE DEATH OF THE DECEASED AND THE ACT OF THE ACCUSED

Also settled, is that in a murder trial, the prosecution, must show conclusively, that the death of the deceased was caused by the act of the accused person. In other words, there must be a nexus between the act of the accused person and the death of the victim.

— Ogbuagu, JSC. Udosen v State (2007) – SC.199/2005

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INGREDIENTS TO PROVE MURDER BEYOND REASONABLE DOUBT

It ought to have been established and is a well settled law too, that in a case of murder under Section 316 of the Criminal Code, the prosecution must prove beyond reasonable doubt the underlisted ingredients of the offence; namely: (a) That death of a human being has been caused (b) That it was the act of the accused that caused or led to the death of the deceased. (c) That the act or acts were done with the intention of causing death; or (d) The accused knew that death would be the probable consequence of his act or acts See Omini Vs The State (1999) 12 NWLR (pt.630) 168 or (1999) 9 SC 1; Abogede V The State (1996); Ogba v The State (1992) 2 NWLR (pt.222) 164.

— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

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ELEMENTS OF THE OFFENCE OF MURDER

The essential elements or ingredients that constitute the offence are: (1) The death of a human being; (2) That the death of the deceased resulted from the act/s of the person accused. (3) That the act/s of the person accused was/were intentional with the knowledge that death or grievous bodily harm was its probable consequence.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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INGREDIENTS TO SUCCEED IN A MURDER CASE

“Generally, in a murder charge, the prosecution must prove beyond reasonable doubt the following:- (1) That the deceased died. (2) That it was the unlawful act or omission of the accused person which caused the death of the deceased, and (3) That the act or omission of the accused which caused the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence. The prosecution can rely on direct eye witness account or by circumstantial evidence. The prosecution can even prove same by the confession of the accused. See Kaza v The State (2008) 7 NWLR (pt 1085) 125, Akinlolu v The State (2015) LPELR 25986 (SC), Ogedengbe v The State (2014) 12 NWLR (pt 1421) 338, Durwode v The State (2000) 15 NWLR (pt 691) 467.”

— J.I. Okoro, JSC. State v Ifiok Sunday (2019) – SC.709/2013

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