LEGAL PRINCIPLE: CRIMINAL LAW – Proof of Cause of Death – Medical Evidence Not Inevitably Essential
PRINCIPLE STATEMENT
Medical evidence of the cause of death and identification of the body to the pathologist who performed the autopsy are not essential where there are facts that sufficiently show the cause of death to the satisfaction of the court.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Effiong v. State (1998) NLC-1441997(SC) at p. 5; Paras D–E.
"Medical evidence of the cause of death and the identification of the body to the P.W.1 who performed the authopsy are not essential. There were facts which sufficiently showed the cause of death to the satisfaction of the court."
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.