WHETHER THE PROSECUTION IN A MURDER CHARGE MUST ESTABLISH THE DATE OF DEATH

CASE TITLE: ENEBELI v. STATE (2021) LPELR-54990(SC)

JUDGMENT DATE: 4TH JUNE, 2021

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE.

LEAD JUDGMENT: ADAMU JAURO, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

This appeal is against the decision of the Court of Appeal, Benin Division delivered on 7th June, 2016 wherein the Appellant’s appeal was dismissed and the judgment of the Delta State High Court sitting in Sapele delivered by E.N. Emudainohwo J. (Mrs.) was affirmed.

The Appellant was charged on a one count charge of murder punishable under Section 319 (1) of the Criminal Code Cap 48 Vol. II Laws of the defunct Bendel State as applicable to Delta State.

The brief facts culminating into the instant appeal are that the Appellant and the deceased, one Alero Eniyan were lovers, but the deceased’s parents did not approve of their relationship. The parents of the deceased moved her from Koko where they reside to Ologbo with a view to ending the relationship. The Appellant traced her to Ologbo which caused the parents of the deceased to move her to Ondo town of Ondo State where she found a suitor. The deceased however returned to her parent’s place at Koko because of her sister’s birthday and her suitor came to visit her parents to inform them that he wanted to marry her.

​The case of the Respondent as prosecution was that the Appellant could not stand the deceased getting married to another man and therefore purchased four litres of acid which he poured on her.

That the deceased later died as a result of injuries sustained from the acid poured on her by the Appellant.

The Appellant on the other hand denied committing the offence and claimed that he loved the deceased. At the conclusion of trial and after the addresses of counsel, the learned trial Judge found the Appellant guilty and sentenced him to death by hanging. The Appellant unsuccessfully appealed to the Court of Appeal with the Court affirming his conviction and sentence by the trial Court. In a bid to exhaust the constitutionally guaranteed right of appeal, the Appellant invoked the appellate jurisdiction of the Supreme Court.

ISSUES FOR DETERMINATION

The appeal was determined on a lone issue viz:

“Whether from the totality of the evidence on the record and the circumstances of this case, the lower Court was right in upholding the conviction of the Appellant by the trial Court for the offence of murder punishable under Section 319 (1) of the Criminal Code Cap 48 Vol. II Laws of the defunct Bendel State as applicable to Delta State.”

DECISION/HELD

In a unanimous decision, the appeal was dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER: Whether the prosecution in a murder charge must establish the date of death
• CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON: Whether the strongest evidence establishing the guilt of an accused is his own confessional statement
• EVIDENCE – ILLITERATE JURAT: Whether the Illiterates Protection Law apply to statements recorded in criminal cases by the police
• EVIDENCE – DYING DECLARATION: What constitutes a dying declaration; requirements of the law in establishing same