LEGAL PRINCIPLE: CRIMINAL LAW — Homicide — Elements of Murder — Unlawful Killing with Malice Aforethought
PRINCIPLE STATEMENT
For a conviction of murder to stand, the prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased by an unlawful act done with malice aforethought, either as an intention to kill or to cause grievous bodily harm.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ejionwu v. The State (1995) NLC-2101992(SC) at p. 10; Paras. A–C.
"For a conviction of murder to stand, the prosecution must prove beyond reasonable doubt that the accused person caused the death of the deceased by an unlawful act, and that the act was done with malice aforethought, either as an intention to kill or to cause grievous bodily harm. Where these elements are established by credible eye-witness testimony and medical evidence, a conviction is proper."
EXPLANATION / SCOPE
Murder requires proof of: (1) death; (2) caused by the accused’s act; (3) unlawful act; (4) malice aforethought (intent to kill or cause grievous bodily harm). The prosecution must prove all elements beyond reasonable doubt. The principle is codified in the Criminal Code. The court must be satisfied on each element. The rule applies to all murder cases. The prosecution may rely on direct or circumstantial evidence. The accused may raise defences. The jury or judge must be directed accordingly.