LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Ingredients to be Proved
PRINCIPLE STATEMENT
In a charge of murder, the burden is on the prosecution to prove that: (a) the deceased had died; (b) the death of the deceased was caused by the accused; (c) the act or omission of the accused causing the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in Nwaeze v. State (1996) 2 NWLR (Pt. 428) 1, cited with approval in Durwode v. State (2000) NLC-222000(SC) at p. 13; Paras D–E.
"In a charge of murder, the burden is on the prosecution to prove that: (a) the deceased had died; (b) the death of the deceased was caused by the accused; (c) the act or omission of the accused causing the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence."
EXPLANATION / SCOPE
Murder under the Criminal Code requires proof of three essential elements beyond reasonable doubt: (1) the fact of death; (2) causation—that the accused’s act or omission caused the death; and (3) malice aforethought—intention to cause death or knowledge that death or grievous bodily harm was the probable consequence. Each element is distinct and must be established by the prosecution. Failure to prove any one element results in acquittal of murder, though lesser homicide offences may be considered. The prosecution’s burden never shifts.