CRIMINAL LAW – Offences – Threatening to Kill – Essential Ingredients to Constitute Offence under Section 323 of the Criminal Code
Ratio Decidendi
Per Ogwuegbu, JSC, in Ubanatu v. Commissioner of Police (2000) NLC-691999(SC) at p. 6; Paras A–B:
"For a charge under section 323 of the Criminal Code, the prosecution must prove that: (i) the accused sent or delivered the letter, (ii) knew the contents of the letter, (iii) the contents of the letter amount to threat to kill or murder."
Explanation / Scope
Section 323 of the Criminal Code criminalizes threatening to kill. The prosecution must establish three essential elements: (1) the accused sent or delivered the writing; (2) the accused knew its contents; and (3) the contents constitute a threat to kill or murder. All elements must be proven beyond reasonable doubt. The third element is objective—whether the writing itself, properly construed, conveys a threat to take life. Absence of any element defeats the charge. This ensures that only genuine threats, knowingly communicated, attract criminal liability.