Adewale Joseph V. The State (2009)

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MODUPE FASANMI, J.C.A.

This is an appeal against the judgment of the High Court of Justice, Ogun State sitting at Abeokuta Judicial Division which was delivered on the 21st of July, 2004. In the said judgment, the learned trial Judge found the Appellant guilty of causing death by dangerous driving; dangerous driving and failure to stop after an accident contrary to Sections 6(1) and 13(a) respectively of the Federal Highways Act, Cap: 135 Laws of the Federation of Nigeria 1990.

Appellant was sentenced as follows:

On count I – 4 years imprisonment I.H.L.

On count II – 2 years imprisonment I.H.L.

On count III – 12 months imprisonment I.H.L

The Appellant was discharged and acquitted in respect of the offence of failure to report an accident contrary to Section 13(d) of the Federal Highways Act, Cap 135, Laws of the Federation of Nigeria 1990,

The brief facts of the case are that on the 12th of May, 2000, the Appellant being the driver in charge of a Nissan Taxi Cab with registration no Ogun XB 345 AKM drove the said vehicle in a dangerous/reckless manner at Shoyoye Village along Igbogila/Igbo-Ora Road/Ibara Orile- Sokoto Expressway and as a result caused the death of the deceased one Ebenezer Egbejimi Alabi, a Vehicle Inspection Officer on the said date.

At the hearing of the case, the prosecution called six witnesses and tendered four exhibits. They are:

Exhibit A – Accident Inspection Report dated 21/6/2000

Exhibit B – The Rough Sketch of the scene of accident dated 12/5/2000

Exhibit C- The Post Mortem Report dated 13/5/2000

Exhibit D – The Statement of the Accused person dated 14/5/2000

The Appellant adduced evidence in his own defence and called one witness.