CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER – Essential ingredients that must be proved by the prosecution to ground a conviction for murder


“In a charge for murder, contrary to Section 326 (1) of the Criminal Code Cap. 38 Vol. Il, Laws of Akwa Ibom State, 2000,? the prosecution must prove the following essential ingredients beyond reasonable doubt: 1. the death of the deceased; 2. that the death of the deceased resulted from the act of the accused person; 3. that the act of the accused was intentional with knowledge that death or grievous bodily harm was the probable consequence of his act. See Chukwunyere Vs The State (2018) 9 NWLR (Pt.1624) 249; Okereke vs The State (2016) 1-2 SC (Pt. 111) 47; Olaiya vs The State (2017) 9-12 SC 86; (2017) LPELR – 43714 (SC) @ 23 A-D; Akpan vs The State (1994) 9 NWLR (Pt. 368) 247; Udor vs The State (2014) LPELR -23064 (SC). Once all three ingredients have been established beyond reasonable doubt, the accused person is liable to be convicted in accordance with the relevant law.” Per KEKERE-EKUN, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 38 – 39 Paras F – E).

Add to LawKit (0)