LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Intent to Kill Inferred From Use of Weapon on Vital Part of Body
PRINCIPLE STATEMENT
I have no doubt that the appellant intended to kill the deceased when he went straight for his neck and fatally attacked it.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ubani v. State (2001) NLC-2072000(SC) at p. 3; Paras A–B.
"I have no doubt that the appellant intended to kill the deceased when he went straight for his neck and fatally attacked it."
EXPLANATION / SCOPE
Intent to kill may be inferred from the use of a weapon on a vital part of the body. Targeting the neck—a vulnerable, lethal area—supports inference of intent to kill. The nature of the weapon, the force used, and the body part targeted are relevant. The inference is objective—what a reasonable person would intend by such an act. Direct evidence of intent is not required. The court may infer intent from the surrounding circumstances. The principle applies to murder charges where specific intent is required. The accused’s knowledge that the act could cause death is sufficient. Attacking a vital part with lethal force strongly indicates intent to kill.
