“I have weighed every angle of the arguments for and against this Application, and I find myself leaning towards the position advanced by the Applicants, Yes, with regard to criminal cases, prosecution ceases with the death of an accused, which goes without saying, since no sentence can be passed on the accused, who is already dead. To put it in clear perspective, in a civil trial, if the Plaintiff or Defendant dies, their estate would usually continue. So, if the Plaintiff dies, the beneficiaries and heirs to the Plaintiffs estate inherit the lawsuit, and they may choose to continue to press for damages, which becomes their property.

Similarly, when a Defendant dies during a civil lawsuit, his estate may be forced to defend the Suit in order to prevent a Judgment that is detrimental to the case, and the estate is, therefore, substituted for the deceased Defendant.

In a criminal trial, there is no Plaintiff, and that role is taken by the State, which cannot die. If the accused or defendant dies, that is the end of the case.” 

PER A.A. AUGIE, J.S.C IN THE CASE OF BRIGADIER GENERAL  JAMES OMEBIJE ABDULLAHI V NIGERIAN ARMY & ORS; LER(2018)SC. 433/2010