CRIMINAL LAW AND PROCEDURE – DEFENCE OF ACCIDENT – Meaning of accident; duty of prosecution to disprove the defence of accident when raised by accused person

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“Accident is “an unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that would be reasonably anticipated”. Therefore, it is incumbent on the prosecution to disprove accident when raised by the accused/appellant. See 1. OLUDAMILOLA V. STATE (2010) 8 NWLR (pt.1197)565 at 582. 2. ACHUKU V. STATE SUPRA 113-1114, paras- H, A-B 3. SULE V. STATE (2009) ALL FWLR (pt.481)1977.” Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 25 – 25 Paras C – E)

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