SOLOMON ADEKUNLE V THE STATE
(2006) LCN/3347(SC)
In the Supreme Court of Nigeria
Friday, June 30, 2006
Case Number: SC. 52/2002
JUSTICES:
SALIHU MODIBBO ALFA BELGORE, CHIEF JUSTICE NIGERIA
UMARU ATU KALGO, JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
MAHMUD MOHAMMED JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JUSTICE, SUPREME COURT
BETWEEN
APPELLANTS
SOLOMON ADEKUNLE
AND
RESPONDENTS
THE STATE
RATIO
THE DEFENSE 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”- PER I.F. OGBUAGU, JSC
CRIMINAL LAW: RESTING CASE ON THAT OF THE PROSECTUTION
“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. PER I.F. OGBUAGU, JSC.
Not available.
COUNSELS
R.A. Lawal Rebbana Esq. with Sirika Oke: for the Appellant. A.O. Adenuga (Mrs) Solicitor General Ogun State with B. A. Adebayo D.D.P.P. Ogun State: for the Respondent.
