CRIMINAL LAW AND PROCEDURE – DEFENCE OF ACCIDENT – Whether an accused person can raise the defence of accident for the unintended result of a deliberate act


“Furthermore, the defence of accident raised by the Appellant is not available to him because as rightly held by the two Courts below, his act of shooting the deceased was deliberate. It is settled beyond equivocation that the defence of accident will not admit a deliberate action, even if the accused person did not intend the result of his action. See the cases of ADEGBOYE V. STATE (2017) LPELR – 42099 (SC); ADEKUNLE V. STATE (2006) LPELR – 107 (SC); THOMAS V. STATE (1994) LPELR – 3239 (SC).” Per JAURO, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 46 – 47 Paras E – B)

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