Murder

This Court has held in a plethora of cases that to sustain a conviction in a charge of murder, the prosecution must prove the following ingredients beyond reasonable doubt. That is to say:-
1. That the deceased died.
2. That it was the unlawful act or omission of the accused person that 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.

OLA v. STATE LGC(6/7/2018) K

It is important to note that though desirable, a medical report is not a sine qua non in determining the cause of death in a case of murder where there is other evidence upon which the cause of death can be inferred to the satisfaction of the Court. See:Joseph Bille Vs The State (2016) LPELR-40832 (SC): Alarape & Ors. Vs The State (2001) 5 NWLR (Pt.705) 79: Aiguoreghian Vs The State (2004) 3 NWLR (Pt.860) 367; Adekunle Vs The State (1989) 5 NWLR (Pt.123) 505.

In a charge of murder, as rightly submitted by both learned counsel, the prosecution must prove beyond reasonable doubt that:
1. The deceased died;
2. That the death of the deceased was caused by the act of the accused person(s); and
3. That the act or omission of the accused person(s) which caused the death of the deceased was intentional with the knowledge that death or grievous bodily harm was its probable consequence.
See: Ubani Vs The State (2003) 4 NWLR (Pt.811) 595; Ogba V The State (1992) 2 NWLR (Pt.222) 164; Abogede V. The State (1996) LPELR-45 (SC).

In any event, where a person attacks another with a lethal weapon and the victim dies on the spot, it is hardly necessary to prove the cause of death by medical evidence. See:Oguonzee vs The State (1998) 5 NWLR (Pt. 551) 521 @ 564 C – D; Bakuri Vs The State (1965) NMLR 163.