BEFORE THEIR LORDSHIPS
UWANI MUSA ABBA AJI.
CHIDIEBERE NWAOMA UWA.
STEPHEN JONAH ADAH.
ABUBAKAR SADIQ UMAR.
MOHAMMED BABA IDRIS.
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
JUSTICE SUPREME COURT OF NIGERIA
BATURE HASSAN. APPELLANT
AND
THE STATE. RESPONDENT
JUDGEMENT DELIVERED BY STEPHEN JONAH ADAH, JSC
I was privileged to read in draft, the judgement just delivered by my learned brother, Chidiebere Nwaoma Uwa, JSC.
I agree completely with the reasoning and the conclusion that this appeal is devoid of merit and that it be dismissed.
One of the curious arguments raised by the Appellant in the instant appeal is whether the lower Courts were right to convict the Appellant without a medical report indicating the cause of death. Our law has crystalized on the fact that medical evidence is not essential in all cases to prove the cause of death. Cause of death is a fact that can be inferred from the circumstances of the death as disclosed by the available credible evidence. It is good law that medical evidence is not always essential though desirable to prove the cause of death, but the evidence must in any case be such as to show that the death of the deceased was caused by the act of the Appellant. See the cases of *Omonuju v. State (1976) LPELR- 2653 (SC); Azu v. State (1993) LPELR-689 (SC); CPL Andrew Emuenya v. Att. Gen. of Bendel State (1993) LPELR-1137 (SC) and Saleh v. State (2018) LPELR-46337 (SC). The position of our law remains that where the cause of death is obvious, medical report ceases to be any practical necessity in murder cases. In the instant case, the Prosecution ably showed through the evidence of PW1 and PW2 that the deceased was beaten and that injuries were inflicted upon him while robbing him. He made it to the hospital but did not come out of the hospital alive.
My learned brother in the lead judgement did an elaborate examination of all the issues raised in this appeal to which I concur.
I therefore, have no hesitation in agreeing with the reasoning and the conclusion that this appeal lacks merit. I too, dismiss this appeal and I abide by the order affirming the conviction and the sentences passed on the Appellant by the lower Court.
STEPHEN JONAH ADAH
JUSTICE, SUPREME COURT
APPEARANCES:
A.S Gadanya Esq., with N.S. Uthman Esq., for the Appellant.
Muneer Musdapha Esq., for the Respondent.
