Ratio Decidendi

Per Ogbuagu, JSC, in Oludamilola v. State (2010) NLC-123-317-2008(SC) at p. 15, paras. D–E:

"In Black's Law Dictionary 7th Edition at page 15, 'accident' is defined as, 'An unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated.' … For an event to qualify as accidental under Section 24 of the Criminal Code, it must be a surprise to the ordinary man of prudence, that is, a surprise to all sober and reasonable people. The test is always objective."
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Explanation / Scope

This principle defines accident as an unintended and unforeseen injurious occurrence that could not be reasonably anticipated. For an event to qualify as accidental under Section 24 of the Criminal Code, it must surprise the ordinary man of prudence. The test is objective. The principle applies where accident is pleaded as a defence. It ensures that the defence is properly assessed. The principle reflects the objective standard for accident. It prevents misuse of the defence. The court must apply the objective test. The principle provides guidance on the defence of accident.

Cases Applying This Principle

P. C. O. Oludamilola v. The State