EVIDENCE – TENDERING OF WEAPON OF CRIME – Whether weapon of offence must be tendered before the guilt of an accused can be established


“…The appellant had raised issue with the none production of the murder weapon in evidence and its fatal effect on the prosecution’s case. The argument falls flat on its face in the light of other pieces of evidence including Exhibits 8, 9 and 12, the extra-judicial statements of the appellant. I shall rely on the case of REV KING vs. STATE (2016) LPELR-40046(SC) “In the case of murder, the definition of the offence does not include the weapon with which it is committed. See for instance Section 316 of the Criminal Code applicable to the Southern part of the country. In neither, the case of attempted murder nor murder did the elements constituting the offence include the weapon used in the commission of the offence. In the same way, that the fact of a murder is provable by circumstantial evidence without the body of the deceased or trace thereof and in absence without of a confessional statement by the accused. The facts of attempted murder and murder can be proved without the weapon used in the commission of either offence.” Per MARY UKAEGO PETER-ODILI, JSC in WOWEM v. STATE (2021-LCER-40502-SC) (Pp 54 – 55; Paras C – B)

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