PRINCIPLE STATEMENT

The onus of proving the cause of death rests squarely on the prosecution, not the defence.

RATIO DECIDENDI (SOURCE)

Per Onu, JSC, in Aiguobaruoghian & Anor v. State (2004) NLC-2942002(SC) at p. 8; Paras D–E.
"The onus of proving the cause of death rests squarely on the prosecution not the defence."
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EXPLANATION / SCOPE

In homicide cases, the prosecution bears the entire burden of establishing the cause of death. The defence has no obligation to offer an alternative explanation, fill gaps in the prosecution’s case, or prove what did not cause death. This serves maintaining the fundamental principle that the prosecution must prove every element of the offence beyond reasonable doubt. The court cannot shift any part of the burden of proving causation to the defence, nor draw adverse inferences from the defence’s failure to explain or contest medical evidence. The prosecution’s case stands or falls on its own evidence.

CASES APPLYING THIS PRINCIPLE