LEGAL PRINCIPLE: CRIMINAL LAW — Murder — Proof of Ingredients — Three Essential Elements to Establish Murder
PRINCIPLE STATEMENT
To secure a conviction for murder, the prosecution must prove: (a) that the deceased had died; (b) that the death was caused by the accused; and (c) that the act causing death was intentional with knowledge that death or grievous bodily harm was its probable consequence.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ubani & Ors v. State (2003) NLC-2722002(SC) at p. 6; Paras A–C.
"From a long line of decided cases, it is settled beyond controversy that to secure a conviction on a charge of murder, the prosecution must prove (a) that the deceased had died (b) that the death of the deceased was caused by the accused and (c) that the act or omission of the accused which caused the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence."
EXPLANATION / SCOPE
The three essential elements of murder must be proved beyond reasonable doubt. The principle applies to all murder trials. The prosecution must establish each element. The rule is well-established. The court will not convict if any element is missing. The principle is fundamental.