The Nigerian Supreme court held that "In a murder charge,...

The Nigerian Supreme court held that "In a murder charge, for the prosecution to discharge its burden of proving the case beyond reasonable doubt, it must prove the death of the deceased, the act or omission of the accused which caused the death, and that the act or omission of the accused was intentional with knowledge that death or grievous bodily harm was its probable consequence".
The court was ruling in a murder case where the appellant Ukanwa, his mother and his sister were charged with the murder of one Mark Ukeagu. The three were found guilty by the trial judge and sentenced to be hanged.
On appeal, the Court of Appeal discharged and acquitted the appellant's mother and sister and affirmed the conviction of the appellant, who then further appealed to the Supreme Court.
The Supreme Court found "that the cause of death, important ingredient of the offence of murder has not been proved in this case".
The Supreme Court allowed Ukanwa's appeal and set aside his conviction and death sentence. The apex court however found him guilty and convicted him of the lesser offence of unlawful assault and sentenced him to a term of two years imprisonment with hard labour from the date of conviction by the trial court.