The Defence of Accident in Nigerian Criminal Law
Sometimes harm happens without anyone meaning it. A hunter shoots at an animal but hits another hunter. A friendly push leads to a fatal fall. Criminal law must separate deliberate criminals from unlucky people. Section 24 of the Criminal Code provides the defence of accident.
This article explains Section 24, the difference between “unwilled acts” and “accidental events,” and key cases like Timbu Kolian and Iromantu.
Section 24: Two Types of Protection
Section 24 is crucial for understanding criminal responsibility. It says:
“Subject to the express provisions of this code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will, or for an event which occurs by accident”.[^1]
This creates two defenses:
- Unwilled acts: Your body moved, but you didn’t control it.
- Accidental events: You did something on purpose, but the result was an accident.
Unwilled Acts
This protects you when your physical movement wasn’t under your control. In Aliu Bello v AG Oyo State,[^2] Justice Karibi-Whyte defined an accident as an “unwilled act”—something that happens without your fault.
Examples: Sleepwalking, muscle spasms, being pushed by someone else. If your body moved but your mind didn’t command it, the act was unwilled.
Nwokearu v The State: The court held that for something to be an accident, it must be unwilled—totally unexpected. A deliberate or intentional act can’t be unwilled.[^3]
Accidental Events
This protects you when you did something deliberately, but the consequence was an accident.
Definition: According to Stephen’s Digest, an effect is accidental when you didn’t intend it and a reasonable person wouldn’t have expected it.
Chukwu v State: The court said if your voluntary act produces an unintended, unforeseen result, that result is an accident. The test is both subjective (what you intended) and objective (what a reasonable person would expect).[^4]
Important Cases
Timbu Kolian v R (1968): The Classic Accident Case
Facts: A husband and wife were arguing at night. He went outside. She followed, still arguing. Tired of her complaints, he swung a light stick toward her voice in the dark. He didn’t know she was holding their baby. The stick hit the baby’s head, killing her.
Decision: The court cleared him.
Why: The death was unintended and unforeseeable. Yes, he meant to swing the stick. But hitting the baby was an accident. A reasonable person in the dark wouldn’t have known the baby was there.[^5]
Iromantu v The State (1964): Accidents with Guns
Gun cases test the limits of “accident” because guns are inherently dangerous.
Facts: During a struggle over a gun, the accused “accidentally touched the trigger.” The gun fired, killing someone.
Decision: The defense worked.
Why: The court said if you unintentionally discharge a firearm without criminal intent or negligence, you’re not liable. The firing during a struggle was an accident, not a deliberate execution.[^6]
When Accident Doesn’t Work
Section 24 won’t save you if you were malicious or negligent.
Intent destroys the defense (Basoyin v AG Western Region): A husband tried to kill his wife with a machete. She escaped, but the blow killed the baby on her back. He claimed accident. The court convicted him of murder. His intent to kill the wife transferred to the child. If you acted with criminal intent, the result can’t be an “accident.”[^7]
Negligence destroys the defense (Oladipupo v State): The court said an event is only an accident if it’s “totally unexpected.” If you handle a loaded gun carelessly (like not knowing it’s on “rapid mode”), the discharge is foreseeable, not an accident. Section 24 doesn’t protect the negligent.[^8]
You Must Raise It Early
You must claim accident immediately. In Nwokearu v State, the accused didn’t mention “accident” in three police statements over two weeks. He only raised it at trial. The court rejected it as an afterthought. If it was truly an accident, you’d say so immediately.
Conclusion
Section 24 protects people caught in tragic misfortune, like the man in Timbu Kolian. But as Basoyin and Oladipupo show, the law draws a hard line: if you acted with malice or gross negligence, you own the consequences, intended or not.
[^1]: Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004, s 24.
[^2]: Aliu Bello v Attorney-General, Oyo State (1986) 5 NWLR (Pt 45) 828.
[^3]: Nwokearu v State (2010) All FWLR (Pt 519) 1754.
[^4]: Chukwu v State (1992) 5 NWLR (Pt 243) 243.
[^5]: Timbu Kolian v R (1968) NMLR 104.
[^6]: Iromantu v The State (1964) NMLR 293.
[^7]: Basoyin v Attorney-General, Western Region (1962) 1 All NLR 584.
[^8]: Oladipupo v State (1993) 6 NWLR (Pt 300) 140.
