purpose ·if facilitating the flight of an offender who has 9ommitte or attempted to commit such offence; e. '{ death is caused by administering any stupefying or overpowe ing for either of the Purpose last aforesaid,; :i f. fl,,/ I death is aused by willfully slopping the breath ofanypersonfor e·ther of s ch purpose is guilty pf murder". · Karibi"fhyte J.S C in the case of OMINI V, · STATE [1999]12 NWLR [pt.63~) 168 st ted the condition which a defendant can be convicted of the jffence o murder thus :- "f is at le st well settled thatj to convict a person charged with 7urder un er section 316 of ~he criminal code, the prosecution m ust prove beyond reasonable ' oubt: 1 (a) (b) [c] Dr ath of a uman being r1at it was caused by the act o Ithe accused. at the a tror acts were done r ith the intention of causing death [d] T~e accuse knew that death would be the probable consequence of the act :' r acts. II Tr I I , ! . I . The above ingre\~ _ iient of the offence of murder has been long settled. S~e ADEKUNLE iV. THE STATE (200~]14 NWLR [pt.1000] 717, GIRA V.STATE [1996)~ NWLR [443) 375, \AKPAN V. THE STATE (1997] 9 ~WLR [pt.368) 317. : . . ~t this point, it is !necessary for us to r xamine the evidence adduced b~ t liie prosecution f irst to see if they r oved beyond reasonable doub t ~at the defenda~t committed the off nee of murder. This is much so I I 1 SUIT NO. 0/49c/2016: THE ST TE VS CHIBUIKE DURU Judgment delivered ~n 19/04/2018