PRINCIPLE STATEMENT

The correct legal position is that where a person attacked another person with a lethal weapon and the other person died on the spot, it is not necessary to prove the cause of death; it can properly be inferred that the wound inflicted on the deceased caused the death.

RATIO DECIDENDI (SOURCE)

Per Adio, JSC, in Akpan v. State (1994) NLC-1051992(SC) at p. 9; Paras D–E.
"The correct legal position is that where a person attacked another person with a lethal weapon and the other person died on the spot, it is not necessary to prove the cause of death. It can properly be inferred that the wound inflicted on the deceased caused the death."
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EXPLANATION / SCOPE

This reiterates and reinforces Principle 327. Medical evidence of cause of death is desirable but not mandatory when circumstances clearly establish causation. Where: (1) a lethal weapon is used (gun, knife, machete, heavy object); (2) attack directly causes injury; (3) victim dies immediately/on the spot; courts can infer the inflicted wound caused death without medical evidence. The inference is justified because: the temporal proximity (immediate death) suggests causal link, lethal weapon use indicates death-causing capacity, and no intervening cause interrupted the chain. “Lethal weapon” means inherently dangerous instruments capable of causing death. “On the spot” means death occurred immediately or very shortly after the attack. However, where: death occurs later, circumstances are ambiguous, or other causes might explain death, medical evidence becomes essential. This evidential flexibility balances: ideal medical proof against practical realities (no autopsy, body not recovered), while maintaining high causation proof standards. Courts must carefully assess whether inference is justified before dispensing with medical evidence.

CASES APPLYING THIS PRINCIPLE