CaseLaw
The prosecution's case is that the accused was the owner of the office/workshop in the same compound where the deceased had lived with his father at Dogo Karfe Jos. Before the incident, the subject-matter of this case, thieves had broken into the accused's office by cutting through the roof and ceiling of the accused's office/workshop and stole quite substantial properties belonging to the accused. It was the prosecution's case that in order to keep thieves and intruders away from the premises, the accused engaged the services of one Salisu, an electrician and instructed him to electrify the roofing zinc of the accused's office/workshop.
On the fateful day, i.e. on 21/1/94, PW6 – Franka Ott at their home with the deceased when suddenly she heard shouts from an inmate – one Lydia calling at the deceased to stand up from the railing and roofing zinc of the accused's office/workshop, she rushed to the spot and held the body of the deceased and pulled the deceased down. At the time, the deceased was already dead. The deceased's father was not at home. At the time, the housing accused's office/workshop. The deceased's relations were alerted and the accused joined them to report the incident at the Abattoir Police Station Jos from where the matter was referred to Anglo Jos Police Station. PW5 a Police Officer removed the deceased body to Jos University Teaching Hospital (JUTH for short) for post mortem examination. The cause of death was given by PW1 (i.e. Dr. Edmond Joseph Chukwu-Elika Nwana, a fellow of the Medical College of Pathology, a University teacher and in Honorary Consultant Pathologist) as due to electrocution that paralysed the respiratory muscles, thus causing respiratory failure and on the body were joule burns. He tendered Exh. 1 as the medical report.
Further in his evidence PW1 identified two possible effects where death was the direct result of electrocution as:
Whether the case against the appellant was prove beyond reasonable doubt as...