What to Do After a Car Accident in Nigeria | The Position of the Law

What to Do After a Car Accident in Nigeria | Road accident is a common phenomenon in Nigeria. This ranges from many reasons like drunkenness, brakes failures, failing asleep, reckless driving and negligence. Whichever may be the reason, we shall be discussing what a person who has caused an accident need to do immediately under the Nigeria Law.

To achieve our aim in this article, we shall focus on the following Laws in Nigeria:

• FEDERAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT, 2007
• FEDERAL HIGHWAYS. ACT, CAP F 13, LAWS OF THE FEDERATION OF NIGERIA, 2004
• POLICE ACT 2020, CAP P 19, LAWS OF THE FEDERATION OF NIGERIA

SEE ALSO: Meaning of Subject to Contract in Nigeria | Effect of the use of the phrase

RELEVANT PROVISIONS OF THE LAW ON ROAD ACCIDENTS

Under the Nigerian law, there is a mandatory duty impose on persons who caused road accident while using Nigerian Roads. It is a mandatory requirement which means that failure to do so makes the person criminally liable.

Let us first begin by analyzing the Laws listed above.

FEDERAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT, 2007

Section 25 sub-section (1) of FEDERAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT, 2007 provides thus: In the case of accident on the highway the driver or person involved shall be mediately or as soon as practicable report to the nearest Federal Road Safety Commission office or Police station for appropriate action. 

FEDERAL HIGHWAYS. ACT, CAP F 13, LAWS OF THE FEDERATION OF NIGERIA

Also Section13 of the FEDERAL HIGHWAYS. ACT, CAP F 13, LAWS OF THE FEDERATION OF NIGERIA, 2004 provides thus:

1. Where an accident occurs on a Federal highway by reason of the use of a motor vehicle or trailer and injury is
   caused to any person, property, or livestock in the charge of any person, the driver of the motor vehicle shall‐
   • immediately stop the vehicle;
   • when requested so to do furnish his name and address, the name and address of the owner of
     the vehicle, the identification mark of the vehicle, and other particulars relating thereto to any
     person to whom or to the owner or person in charge of the property or of the livestock to which,
     the injury or other damage has been caused, or to any police officer;
   • if the person injured so requests, (and in case that person is unconscious or the injury caused to
     that person appears to endanger life) do all things reasonably practicable to attend to the injured
     person so as to procure for him medical attention and, where necessary, his removal to a
2. Any person who fails to comply with any of the requirements of subsection (1) of this section shall be guilty of
   an offence under this Act.

POLICE ACT 2020, CAP P 19, LAWS OF THE FEDERATION OF NIGERIA

Section 250 (e) of of POLICE ACT 2020, CAP P 19, LAWS OF THE FEDERATION OF NIGERIA provides for the functions of the police station to create and maintain permanent records of every incident reported (i.e., accident, fire, flood, or other acts of God.). Section 256 (a) of the same POLICE ACT provides that the Police Station Incidents  shall be maintain a Register of Road Accidents.

SEE ALSO: Principles Guiding Grant of an Order of Mandamus in Nigeria

WHAT TO DO AFTER A CAR ACCIDENT IN NIGERIA

From the foregoing provisions of the Law, below are the things you need to do if you have caused an accident on Nigerian Roads:

1. In the case of an injured victim, do everything reasonably practicable to attend to the injured
   person so as to procure for him medical attention.
2. Report the accident as soon as possible (not later in any event than 24 hours from the time when the accident occurred) to the nearest Police Station Federal Road Safety Commission office.

Note: Failure to comply with the above provisions and requirement, makes you guilty and liable to terms of imprisonment or fine.

CONCLUSION

Advice: Whenever accident has happened on Nigerian Roads, and you are partly responsible, it is my advice that you comply with the provisions of the law as above. Do not agree to have any compromise with the victims or casualties of the accident to settle with complying with the requirements of the Law. The reason is that you may never know what comes after.

Finally, thank you for reading this article on What to do after a car accident in Nigeria. I sincerely hope you find this article helpful. Please leave your comment and/or contributions in the comment sections.

Kind regards!