LEGAL PRINCIPLE: CRIMINAL LAW — Murder — Proof of Cause of Death — Medical Evidence Not a Sine Qua Non
PRINCIPLE STATEMENT
Medical evidence is desirable but not a sine qua non for proving cause of death. Cause of death may be established by sufficient, satisfactory, and conclusive evidence other than medical evidence, showing beyond reasonable doubt that death resulted from the accused's act.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ubani & Ors v. State (2003) NLC-2722002(SC) at p. 6; Paras D–E.
"To establish cause of death, the position of the law is that much as medical evidence is desirable, it is clearly not a sine qua non as cause of death may be established by sufficient, satisfactory and conclusive evidence other than medical evidence showing beyond reasonable doubt that the death in question resulted from the particular act of the accused person."
EXPLANATION / SCOPE
Medical evidence is not mandatory to prove cause of death. Other sufficient evidence may suffice. The principle applies to homicide cases. The court must be satisfied beyond reasonable doubt. The rule recognises practical realities. The prosecution may prove cause of death by circumstantial evidence. The principle is well-established.