CORAM
SALIHU MODIBBO ALFA BELGORE, CHIEF JUSTICE NIGERIA
PARTIES
SOLOMON ADEKUNLE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant a police officer shot and killed a passenger on a bus while on Anti Crime Patrol. The Commander of the Anti Crime Patrol unit of the Appellant and the Investigating Officer testified for the Prosecution. The defence did not adduce evidence but rested his case on that of the Prosecution.
HELD
The Supreme Court dismissed the appeal for lack of merit and held that the defence of accident was not established by the appellant.
ISSUES
Whether having regard to Appellant’s statement (Exhibit A) and other evidence before the court, the Learned Justices of Court of Appeal were right in rejecting the defence of accident.
RATIONES DECIDENDI
DEFENCE OF ACCIDENT
“An accused person as in the instant case, cannot take refuge on a defence of accident for a deliberate act even if he did not intend the eventual result.” Oghor V. The State (1990) 3 NWLR (Pt. 139) 484 at 502 C.A”- Quoted with approval by I.F. OGBUAGU, JSC.
RESTING THE DEFENCE ON THE CASE OF THE PROSECUTION
“It is always a gamble, to rest the defence on the case of the prosecution. That it is a risk where issues of fact will have to be decided in favour of an accused person before his defence will succeed. That the defence has in effect, shut itself out and will have itself to blame. That the court will not be expected to speculate on what the accused person might have said” Per Oputa, JSC, in the case of Ali & Anor. V. The State. Quoted with approval by I.F. OGBUAGU, JSC.
CASES CITED
Ali & anor. V. The State (1988) 1 NWLR (Pt. 68) 1 at 18, (1988) 1 SCNJ. 17
Babalola & ors. V. The State (1989) 4 NWLR (Pt. 115) 264 at 276, (1989) 7 SCNJ. 127
Oghor V. The State (1990) 3 NWLR (Pt. 139) 484 at 502 C.A”
STATUTES REFERRED TO
None