Ratio Decidendi

Per Ogbuagu, JSC, in Oludamilola v. State (2010) NLC-123-317-2008(SC) at p. 16, para. D – p. 17, para. A:

"It must be stressed that the defence of accident, like all other defences, presupposes that the accused person, physically committed the offence, but should be acquitted because it was an accident. … However, … an accused person … cannot take refuge on a defence of accident for a deliberate act even if he did not intend the eventual result."
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Explanation / Scope

This principle establishes that the defence of accident presupposes that the accused physically committed the offence but should be acquitted because it was accidental. However, an accused cannot rely on accident for a deliberate act, even if the eventual result was unintended. The principle applies where accident is pleaded. It ensures that the defence is not abused. The principle reflects that deliberate acts cannot be excused as accidents. It prevents accused persons from escaping liability for intentional acts. The court must determine if the act was deliberate. The principle provides guidance on the limits of the defence of accident.

Cases Applying This Principle

P. C. O. Oludamilola v. The State