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I have seen from exhibit “B” the autopsy report that the deceased died of
“septic shock secondary to severe peritonitis.” Peritonitis is an
inflammation of the peritoneum, caused by a bacterial or fungal infection
of this membrane. There are two major types of peritonitis. Primary
peritonitis caused by the spread of an infection from the blood and lymph
nodes to the peritoneum. The more common type of peritonitis, called
secondary peritonitis, happens when the infection comes into the
peritoneum from the gastrointestinal or biliary tract. Both cases of
peritonitis are very serious and is life threatening if not treated quickly.
Whilst primary peritonitis is usually caused by liver disease, secondary
peritonitis is caused by conditions that allow bacteria, enzymes, or bile into
the peritoneum from a hole or tear in the gastrointestinal or biliary tracts.
Such tears can be caused by pancreatitis, a ruptured appendix, stomach
ulcer, Crohn's disease, or diverticulitis.
Where the Court relies on expert medical evidence to prove the cause of
death of the deceased, such medical must go to show clearly that the injury
inflicted on the deceased, caused the death without any intervening cause
or causes culminating in the death of the deceased. Where there is the
slightest possibility of any such intervening factor creating the possibility
that the cause of death could be through causes other than the actual injury
inflicted, there is some doubt on the proper cause of death and such doubt
must go to the benefit of the accused person. See the Case of OFORLETE v.
THE STATE (2000) 12 NWLR (Pt.681). The decision in the above case
reflects the common law position on the issue of the cause of death in