ENEWOH v. THE STATE

• Pages: 1-10

ENEWOH V. THE STATE

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ENEWOH V. THE STATE

UKWA EGBE ENEWOH

APPELLANT

V

THE STATE

RESPONDENT

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APPEAL NO. SC.227/1989

SUPREME COURT OF NIGERIA.

OBASEKI,

J.S.C.

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ESO,

J.S.C.

KAWU,

J.S.C.

OLATAWURA,

J.S.C.

AKPATA,

J.S.C.

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6th July, 1990.

Criminal Law and Procedure - Murder - Deceased body - Identification of - Done by a

person who died before the commencement of the trial - Whether the fact that the

person, by reason of death, did not give evidence is fatal to the conviction of the accused

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-

Whether circumstantial evidence can ground conviction.

Evidence - Murder - Identification of corpse done by a person who died before the trial -

Whether facts sufficiently showing cause of death will suffice - Medical evidence - When

dispensed with - Proof of crime - Duty on prosecution.

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ISSUES:

1.

Whether the failure of the prosecution to call as a witness in a murder trial, the

person who identified the corpse of a deceased to the doctor who performed

the autopsy is fatal to its case?

2.

What is the purpose of identification in murder cases?

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FACTS:

The appellant was charged at the High Court of Anambra State with the murder

of his brother, one Nworie Ukwuru Enewoh, The prosecution called five witnesses.

P.

W.2, the son of the deceased testified that it was Ote Enewoh, the junior brother

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of the deceased, who identified the. body of the deceased to the doctor (P.W.3)

during the post mortem examination. However, Ote Enewoh died before the

commencement of the trial.

After a meticulous review of the evidence of both the prosecution and the

defence the trial Judge found the appellant guilty as charged and sentenced him

45 to death. His appeal to the Court of Appeal, Enugu Division, was dismissed and

his sentence affirmed. The appellant further appealed to the Supreme Court

contending that the learned Justices of the Court of Appeal erred in law in

dismissing his appeal and affirming the conviction and sentence of murder of the

learned trial Judge when the prosecution failed to lead any evidence to identify the

body examined by the 3rd P.W. (i.e. the medical doctor) as that of Nworie Ukwuru

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Enewoh allegedly killed by the appellant.