C
body of the deCl :.1sed to a doctor is not a sine qua non
murder e:1ses. "
See also Edem v. ·::' he State (1972) 4 SC 160.
in
all
The Court of Appeal had earlier in the same case of Enewoh v. State
(1989) 5 NWLR (Pt 119) 982 117 held that it is not in every case
necessary to call tl ,e evidence of the person who identified the
corpse for autopsy I urposes . If a deceased died in circumstances in
which the cause a 1d manner of death were shown clearly by
evidence, n1edical e' idence can be dispensed with . See also State v.
Okpala (2012) 3 N NLR (Pt. 1287) 388 @ p. 408, Afosi v. State
(2013) LPELR.
ln Amusa v . The S :ate (2001) LPELR CA/1/66/93 the Court of
Appeal he ld that
"Wh ere the id ~ntification of a body is in issue, absence of
evidence direc or circumstanti a l of the identification of the
corps e examin ·d is fatal where medical evidence of cause of
death is vital. · 'b.e _desi ra_b_ili _ty tQ c;_qll_ c!S a witne~s. the. _p_ers_on
who id ~n_tift~ d the vi c; tim '_s d_e_0d_ b_o_dy to _the_ d_Qc.tor who
n~rforw _e_d _the. n,it_Qpsy is_o~cess_ary_ ooly where _the__id~ntity of
th. e bociy exam ne.rLb)". tbe _d_octor is_shr_ouµecl in do1,,1bt. Where
the identity c n be inferred, such direct evidence is not
essential. .." unc erlining mine.
In th e instant case t 1e identity of the body of the deceased victim ,
Philip Meka is not i . doubt and the fact that th e deceased di ed is
also not in doubt. He wever there is no evidence that a post morte m
was performed on
tr : corpse of the deceased talk less of identifying
\'
It,\<
.
'·
6