LEGAL PRINCIPLE: CRIMINAL LAW — Motive — Whether Essential Ingredient in Murder
PRINCIPLE STATEMENT
Evidence of motive is not an essential ingredient in a case of murder; absence of motive is no justification or excuse for murder, though presence of motive strengthens the prosecution's case.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Nweke v. State (2001) NLC-852000(SC) at p. 12; Paras A–D.
"Evidence of motive is not an essential ingredient in the case of murder. If there was indeed a motive for the appellant's killing... was shown to nurse a grudge against her that the pregnancy was not his and that eo ipso strengthened the case of the prosecution and became part of it. On the other hand, absence of motive is no justification or excuse for murder."
EXPLANATION / SCOPE
Motive is not an essential element of murder. The prosecution need not prove why the accused killed. The absence of motive does not justify or excuse murder. However, the presence of motive strengthens the prosecution’s case. Motive can be evidence of guilt but is not required. The principle recognises that murders may be committed without apparent motive. The accused can be convicted even if no motive is shown. The jury or judge should not be distracted by the absence of motive. The focus remains on proving the actus reus and mens rea. Motive is merely a secondary consideration. The rule prevents acquittal solely because no motive was established.