CRIMINAL LAW — Homicide — Proof of Causation — Necessity of Nexus Between Accused’s Act and Death
Principle Statement
In a charge of murder, the cause of death must be established unequivocally and the burden rests on the prosecution to establish this and if they fail the accused must be discharged. It is also settled law that the death of the victim must be caused by the act of the accused or put differently it must be shown that the deceased died as a result of the act of the accused.
Ratio Decidendi (Source)
Per Nnamani, JSC, in Lori v. State (1980) 8-11 SC 81 at 95-96, cited in Udosen v. State (2007) NLC-123-199-2005(SC) at p. 10; Paras B–D.
"In a charge of murder, the cause of death must be established unequivocally and the burden rests on the prosecution to establish this and if they fail the accused must be discharged. It is also settled law that the death of the victim must be caused by the act of the accused or put differently it must be shown that the deceased died as a result of the act of the accused."
Explanation / Scope
This principle establishes that the prosecution must prove a clear causal link between the accused’s act and the victim’s death in a murder charge. The cause of death must be established unequivocally. The burden is on the prosecution to prove causation beyond reasonable doubt. If the prosecution fails, the accused must be discharged. The principle ensures that no person is convicted of murder unless their act directly caused the death. The principle applies in all homicide cases. The court must be satisfied that the death resulted from the accused’s act. Medical evidence is often crucial but not always required. The principle prevents conviction where causation is uncertain.
