Usaini Mohammed V. Commissioner Of Police (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the decision of the Court of Appeal, Jos Division delivered on 30th June, 2014, wherein the Court below dismissed the Appellant’s appeal against the judgment of the High Court which had earlier confirmed the conviction of the Appellant by the Upper Area Court sitting in Mangu, Plateau State on the offence of dangerous and reckless driving under Section 5 of the Federal Highways Act, Cap 135 of the Laws of Federation, 1990.

The Court below found that the procedure for summary trial as provided under Sections 156 and 157(1) of the Criminal Procedure Code was duly complied with, and proceeded to affirm the conviction of the Appellant.

SUMMARY OF FACTS

The Appellant on the 4th February, 2012, was driving a stretched vehicle (a truck), along Mangu Road when he was involved in a fatal accident in which the passenger of a Motor cyclist road user was killed while the rider himself sustained injuries while driving his Motor Cycle as a result of the most unfortunate mishap. The Appellant was then tried before the Upper Area Court sitting in Mangu in

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Plateau State for the offence of causing death through dangerous driving under Section 5 of the Federal Highways Act.

The First Information Report (F.I.R.) on which the Appellant was tried and convicted by the Upper Area Court, states thus:

“CAUSING DEATH BY DANGEROUS DRIVING on the 4/02/2002, at about 16:30 hours along Mangu-Jos road, at opposite INEC office, Mangu being a Federal Highway.”

“You Useini Mohammed “M’ of Anglo Jos, South LGA drove your vehicle Mercedes Benz truck with registration number AA 873 DDA in a dangerous and reckless manner and knocked down one cyclist by name Ayuba Dusah “M’ of Tul village Mangu L.G.A., on his Jincheng Motorcycle. As a result of the accident the occupant of the motorcycle by name Kilyobas Dusah ‘M’ of the same address died at the spot. While the rider sustained minor injury on his body (and) you thereby committed traffic offence contrary to Section 5 of the Federal Highway Act suggested (sic).”

Inelegance of charge was not enough to clog the hands of justice. The charges were read and the Appellant, then an Accused person, confirmed the allegation, by declaring thus:

“The allegation is true

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because I drove the car dangerously and so caused the death of the motorcyclist that I knocked down. I am sorry. I was actually reckless.”