AN APPRAISAL OF THE CONSTITUTES OF THE OFFENCE OF INTENTIONAL KILLING UNDER NIGERIAN PENAL CODE

Nigeria as a body of law has two different criminal code applicable in the southern part of Nigeria and the northern part of Nigeria. The offence of intentional killing is called murder in the criminal code applicable in the southern part of Nigeria whereas in the Northern part of Nigeria intentional killing is term as culpable homicide punishable with death. It fundamentally clear from the two code that the essential elements to be prove under the evidence act is mensrea and actusrus at the time of committing the offence. By the requirement of the law the constituent elements must be proving beyond reasonable doubt before the offender will be convicted under the criminal justice system of Nigeria.