LEGAL PRINCIPLE: CRIMINAL LAW — Homicide — Manslaughter — Proof of Causal Link Between Act of Accused and Death
PRINCIPLE STATEMENT
To sustain a conviction for manslaughter, it must be established beyond reasonable doubt that it was the act of the accused that caused the death of the deceased. A causal link between death and the act must be established and proved beyond reasonable doubt.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Sowemimo & Anor v. State (2004) NLC-452002(SC) at pp. 13–14; Paras D–A.
"To sustain a conviction for the offence of manslaughter, it must be established beyond reasonable doubt that it was the act of the accused that caused the death of the deceased. In every case where it is alleged that death has resulted from the act of a person, a causal link between the death and the act must be established and proved in a criminal proceeding beyond reasonable doubt. See Oforlete v. The State (2000) 12 NWLR (Pt. 681) 415."
EXPLANATION / SCOPE
Manslaughter conviction requires proof beyond reasonable doubt that the accused’s act caused death. A causal link must be established between the act and the death. The principle applies to criminal homicide. The rule prevents conviction where causation is uncertain. The prosecution must prove direct causation, not mere possibility. Beyond reasonable doubt standard applies to causation element.
