What Must the Prosecution Prove in a Charge of Murder or Manslaughter?

CASE TITLE: JOSEPH v. STATE OF LAGOS (2026) LPELR- 83260(CA)

JUDGMENT DATE: 4TH MARCH, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ONYEKACHI AJA OTISI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of murder.

FACTS:

This appeal is against the judgment of the High Court of Justice, Lagos State, the trial Court, delivered on January 16, 2025, Coram S.I. Sonaike, J.

On 28/3/2019, the Appellant, and two other policemen, Okolie Patrick and Inspector Nse Obu were on patrol duties at Aguda to Kilo. They were armed with rifles. One Moshood Ademola Ismaila, the deceased, was riding home on his motorcycle when he was stopped by the Appellant’s Patrol team. The Appellant and his team were alleged to have demanded for money from the deceased, which the deceased failed to give. He was rewarded with a gunshot at the back of his head from which he died. The Appellant and his team attempted to escape the scene but were prevented from doing so by bystanders who witnessed the incident and started a protest. The Appellant took the body of deceased into their van and drove to the Aguda Soloki Police Station, from where the matter was transferred to Panti for further investigation. The police were said to have carried out an internal investigation, upon which the Appellant was dismissed from the police force, and charged for murder. The Appellant pleaded not guilty. At the conclusion of trial, the trial Court convicted the Appellant, and sentenced him to death by hanging.

Dissatisfied with the judgment of the trial Court, the Appellant lodged this appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this sole issue:

“Whether the Appellant was rightly convicted and sentenced by the lower Court for the offence of murder, having regard to the evidence adduced by the Respondent.”

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:         

• CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER/MANSLAUGHTER: Whether proof of death of deceased is a legal requirement to establish murder
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Meaning/nature of proof beyond reasonable doubt
• EVIDENCE- MEDICAL EVIDENCE: Circumstance where medical evidence would not be needed
• EVIDENCE- CAUSE OF DEATH: Whether in a charge of murder or manslaughter, the evidence must show that the death of the deceased was caused by the act of the accused person
• EVIDENCE- CAUSE OF DEATH: Whether prosecution must prove that the cause of death of a victim is the act and intention of the accused person
• EVIDENCE- CIRCUMSTANTIAL EVIDENCE: Nature of circumstantial evidence and conditions that must be met before a conviction can be sustained by circumstantial evidence

To read the full judgment or similar judgments, subscribe to Prime or Primsol