EKPO OBONGHA MBANG V THE STATE

SUBJECT MATTER

CRIMINAL LAW

PRACTICE AND PROCEDURE

MURDER

EVIDENCE

RETRACTION OF CONFESSIONAL STATEMENT

In this case it is settled law that for the prosecution to secure a conviction in a murder charge as per the decision in Kada v. The State (1991) 11/12 SC. 1 it must prove the following ingredients of the crime thus:

The death of the deceased.

That the voluntary  act of omission  of the accused caused the death of the deceased.

That the accused’s act resulted in the death of the deceased having been done with the intention of causing death or grievous bodily harm to the deceased.

That the accused knew that death is the probable and natural consequences of his act or omission.

 There can be no doubt that in criminal cases such as in the instant case, the onus is on the prosecution to establish the guilt of the accused beyond reasonable doubt as settled law implying that unless the prosecution has discharged that onus it is not entitled to succeed.

Per Chukwumah-Eneh J.S.C.

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