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Showing posts from September 2, 2017

A Rejoinder To “Stray Bullet Murder: The Owerri Episode And The Position Of The Nigerian Law”

A Guest Post By E.S.O. Ogholaja, Delta State, Nigeria An African adage says that when a person throws a stone in the open market, the stone may hit his father on the head. The Owerri saga is not only touching but it has raised much dust in the already troubled Nigerian polity as it concerns proving the offence of murder. While we admire and respect the views of Ehiwe O. Sam on this matter in his article, we cannot agree with him. The fons et origo of our view is rooted in the following reasons: Firstly, it is our view that it is the offence of murder and not manslaughter that was committed in the Owerri saga. Our position is judicially backed by the case of Uguru V. State (2007) 9 NWLR (pt. 771) at p. 90 where the court held that for the offence of murder to be established, the following elements must be present: The victim is dead The death of the victim was caused by the act(s) of the accused person Death was a probable consequence of the act of the accused person.