LEGAL PRINCIPLE: CRIMINAL LAW — Homicide — Proof of Identity of Deceased — Necessity of Identification of Corpse
PRINCIPLE STATEMENT
Where evidence of an autopsy is called, failure to identify the body on which the post mortem examination was carried out as the body of the person allegedly killed is a fatal omission, unless there is other cogent and conclusive evidence identifying the deceased.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Damina v. The State (1995) NLC-1191994(SC) at p. 26; Paras. A–C.
"On the issue of the identity of the deceased, it cannot be overemphasized that where evidence of an autopsy is called by the prosecution, failure to identify the body on which the post mortem examination was carried out by the doctor as the body of the person allegedly killed by the accused person in cases of homicide is a fatal omission. The matter will of course be different if there is other cogent and conclusive evidence which identified the deceased as the person. It is therefore one of the essential elements the prosecution must prove conclusively in homicide cases that the body examined during the post-mortem examination is that of the deceased named in the charge."
EXPLANATION / SCOPE
Identification of the deceased’s body for autopsy is essential. Failure to prove identity is fatal unless other evidence establishes identity. The principle applies to all homicide cases. The prosecution must prove that the person whose death is charged is the same as the body examined. The rule protects against wrongful conviction. The court may rely on other cogent evidence. The doctor need not identify the body if other evidence establishes identity. The principle ensures proper identification.