• :C
m urde r, the prosec ,tion must prove beyond reasonable doubt as
follo w s:
l.
ii.
ii i.
iv.
that the dec1 ased died;
that his deat
1
vyas not a natural death;
I
/I
that the ac, usE'd person did something or omitted to do
s omething h ~ had a duty to do by law;
that the sa d act or omission resulted in harm to the
deceased ; a1 d
V.
that the saic deceased died as a result of the said injury or
har m
See Olabode v. Tl e State (200B) 2 WRN 16 7, Ogba v. State (1992)
2 NWLR (Pt.222 /, (1996) 2 NWLR (Pt. 42B) 1, The State v.
Aibangbee (1998 3 NWLR (Pt.84) 548.
On the firs t ingrecli , nt to prove th at th e deceased di e d, it is not in
iss ue thus not dispu eel that the deceased in tact died . ln the light of
th e undisputed evid nee lee! herein 1 a m satisfied th at Philip Meka in
fact died .
Defendant's Counsel submitted that the prosecution witnesses failed
to tell the Court ti e exact date of the alleged murder but that
Defendant testified hat she went to her parents' house to harvest
h
fruits on the 5, of~ arch 2013 and not the 17 th of March 2013 and
that she did not go 1 iere cit all on the said 17th of March 2013 . With
all respect to learne, Defendant's Counsel, proof of the exact date of
murder is not one of the ingredients to be proved in order to
esta blish a case of lT 1rder. The failure to prove the exact date of the
alleged murder to my mind is not fatal to the case of the
prosecution . The fac is that the deceased died allegedly as a res ult
'
.~
'(N _i
4