Proof Of Murder

Murder is a criminal offence in every jurisdiction. In most states there are two kinds of murder, first degree and second degree murder. First degree murder is an unlawful killing that is willful and premeditated. The defendant planned to commit murder, for instance if someone shoots a gun with the intent of killing his father then it hits someone else. It is a first degree murder because of the intent. Second degree murder covers a variety of situations which lack the willfulness and premeditation of first degree murder. For example, impulsively killing someone in the middle of a fight, would be second degree murder.
Per Nweze, J.C.A (as he then was) in ON JURI ANJOLA V. THE STATE (2012) LPELR-1 9699 (CA ) P. 1-22, Para B-1) …. in a charge of murder the prosecution is obliged to prove.
1. that the deceased died;
2. that his/her death was caused by the accused;
3. that she/he intended to either kill the victim or cause her/him grievous bodily harm, she WOOLMINGTON V. DPP (1935) AC 462; MADU V. STATE (2012) 15 NWLR (PT 1324) 405, 443.
In MADU V. STATE (SUPRA) the Nigerian Supreme Court provided further insights into the nature of the duty on the prosecution. Speaking for the apex court, Ariwoola JSC opined that …… in a murder charge, prosecution owes it a duty to discharge by proving the death of the victim, responsibility of the accused by act or omission, intentional act or omission of the accused with knowledge that it could cause grievous bodily harm or death. The prosecution must prove that the act or omission caused the death but not that it could have caused the death.
It is very essential in murder cases that evidence must be led to prove the guilt of the accused beyond reasonable doubt. It must be shown in clear and unmistaken terms that the deceased died as a result of the act of the accused person. Where the circumstances of the attack on the deceased are clear, the injuries inflicted upon him as a result of the attack are graphically described to lead to an irresistible conclusion that the deceased died as a result of the attack and the injuries, the court can convict even if there is no direct eye witness. See BABAGA V. THE STATE (1996) 7 NWLR (PT 400) 279 PER J. I. OKORO JSC.
In OGUNLEYE TOBI V. THE STATE (2019) LPELR-46537 (SC) the accused/appellant had a fight with the deceased and in the course of the fight the appellant used knife and inflicted lethal injury on the back and left leg of the deceased. The deceased bled profusely which led him to a state of unconsciousness. The appellant was convicted and sentence, the court of Appeal affirmed his conviction. The apex court determined the appeal on the sole issue couched as follows:
“Whether having regard to the evidence led by the prosecution the trial court and court of Appeal were right in holding that the prosecution proved the case of murder against the appellant beyond reasonable doubt.” On the whole, the Apex court found no merit in the appeal and accordingly dismissed same.

By: Nkechi Bright-Ewere