The Importance of 'Corpus Delicti' in Proving 'Causation' in Homicide Cases in Nigeria

• Author: Ngozi Alili - Hemen Philip Faga
• Position: Senior Lecturer, Faculty of law, Kogi State University, Nigeria - Senior Lecturer, Faculty of Law, Ebonyi State University, Nigeria
• Pages: 122-135

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 2/2017

122

The Importance of “Corpus Delicti” in

Proving “Causation” in Homicide Cases

in Nigeria

Ngozi ALILI

1

, Hemen Philip FAGA

2

Abstract: In homicide cases, it may be difficult to prove the cause of death if the body of the victim of

an alleged murderous attack is not made available for medical examination. It is therefore obvious that

there are instances and circumstances where persons accused of committing the offence of culpable

homicide punishable with death take steps to destroy the body of their victims in order to avoid

prosecution or conviction and punishment if p rosecuted. It would seem that the legal perception and

meaning of the body of the deceased in homicide cases otherwise called “corpus delicti” is largely

misconstrued by lawyers and laymen alike. This paper examined this identified problem and attempted

to correct same and also considered th e importance of “corpus delicti” in criminal trials generally and

in homicide cases in particular. It also considered the importance and relevance of the legal presumption

of death which is of evidential value in both civil and criminal proceedings in bridging the gap that may

be created by the absence of corpus delicti. The views of the courts in some decided cases to the effect

that it is not in all homicide cases that the prosecution case may fail simply because the bo dy of the

deceased was not produced o r medically examined, was challenged and it was argued that conviction

in homicide cases in the absence of the corpus delicti can only be sustained where evidence of its

destruction by the accused is established and this may also require the production of some parts or

pieces of what was destroyed. It was observed that corpus delicti and causation are twin legal concepts

in criminal law constituting the physical element (octus reus) of result offences, such as culpable

homicide punishable with death, with the result that one cannot exist in isolation from the other without

a resultant miscarriage of justice. The courts were urged to sparingly and cautiously convict persons

alleged to have committed culpable homicide punishable with death in the absence of the corpus delicti

upon which medical examination may be carried to determine the actual cause of death.

Keywords: homicide cases; homicide cases; culpable homicide punishable with death

1

Senior Lecturer, Faculty of law, Kogi State University, Ni geria, Address: KSU University | KSU,

Anyigba, Kogi State, Nigeria, E-mail: Anyigbangozialili@gmail.com.

2

Senior Lecturer, Faculty of Law, Ebonyi State University, Nigeria, Address: P.M.B 058, Abakaliki,

Ebonyi State, Nigeria, Corresponding author: hemenfaga@gmail.com.

AUDJ, vol. 13, no. 2/2017, pp. 122-135