LEGAL PRINCIPLE: EVIDENCE LAW — Medical Evidence — Cause of Death — Not Invariable Essential Requirement in Homicide Cases
PRINCIPLE STATEMENT
Medical evidence as to the cause of death is not an invariable essential requirement in all homicide cases. In the absence of medical evidence, the court can infer cause of death from the circumstances of the evidence adduced.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Amusa v. State (2003) NLC-3362001(SC) at p. 7; Paras B–D.
"It has long been established that medical evidence as to the cause of death is not an invariable essential requirement in all cases of homicide. In the absence of medical evidence the court can infer cause of death from the circumstances of the evidence adduced before it."
EXPLANATION / SCOPE
Medical evidence is not mandatory to prove cause of death. The court may infer cause from circumstances. 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.
CASES APPLYING THIS PRINCIPLE
None recorded.