E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): This appeal raises a number of legal issues, prominent amongst which is the question whether when a post-mortem examination has been performed medical evidence becomes imperative to establish the cause of death, regardless of other credible evidence pointing to the cause of death.
The accused, Matthew Oke Onwumere, was arraigned before the Umuahia High Court charged with the unlawful killing of Titi Ajuobi at Usakaukwu Iriam Ikwuano on the 28th day of October, 1977, an offence punishable under section 319(1) of the Criminal Code Laws of Eastern Nigeria, 1963.
The simple facts of this case, which were accepted by the trial Judge, are that the deceased, Titi Ajuobi, was on her way home from the market in company of three or more other women when she was attacked with a "stick" by the accused, now the appellant. The deceased died virtually at the scene of the incident following the attack. Although no medical evidence was availab…