Springtop Chambers

As a Partner at Springtop Chambers, one of my core areas of specialization is being established as a Property Lawyer.
I help property owners to avoid land disputes and future property problems.
I serve to protect the interest of occupiers and owners of properties against any adverse claims and land grabbers.
I provide legal solutions to recover properties that have been wrongly taken over by know and unknown persons or occupiers.
I help intending buyers and sellers of property to have a valid legal documents to protect their interests.
I also offer legal advices, consultation services and help people manage their properties to maximize their income and wealth.

You need help?
Kindly send a direct message to me or contact 08068151286 (WhatsApp).

www.springtopchambers.business.site

LEGAL ISSUES ON ACCIDENTAL EFFECT:
1. Whether or not a person can be lawfully held responsible for causing an accident.
2. Nature of an accidental effect and what it entails.

The general principle is that an effect will be accidental when the act by which it is caused is not done with the intention of causing it and when its occurrence is so unexpected that a person of ordinary prudence would not be against such occurrence.
Moreover, the act leading to an accident must be a lawful act done in a lawful manner.

The law is settled in the provision of Section 24 of Criminal Code which states thus:-
"Subject to the express provision of this Code relating to negligent acts and omissions, a person is not primarily responsible for an act or omission, which occurs independently of the exercise of his will or for an act which occur by accident".

In the case of BELLO vs. A.G OYO STATE (1986) 5 NWLR (Pt. 45) 828 at pg. 502, in giving meaning to accident in law, the Court held that:-
"The expression, 'an event which occurs by accident' used in Section 24 of the Criminal Code connotes an event totally unexpected by the doer of the act and also not reasonably to be expected by any reasonable person".

Hence, it can be concluded that an accident is the result of an unwilled act and means of an event without the fault of the person alleged to have caused it. Except a person caused an accident willingly and intentionally and such is proved beyond reasonable doubts, such person could be held responsible.