Micheal Adeyemo V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of an Ogun State High Court of Justice, Ilaro Judicial Division delivered by the Hon. Justice M. O. Dipeolu on the 24th of April, 2007. Appellant was charged and tried on a two count charge of causing death by dangerous driving and dangerous driving contrary to Sections 5 and 6 of the Federal Highways Act Cap F.13 Laws of the Federation of Nigeria 2004.

During the trial, the prosecution called three witnesses and tendered four exhibits. Appellant testified for himself and called no witness.

The case for the prosecution was that on 12/4/2004 at about 1.40 p.m. at Ogosa area along Owode/Idiroko road, there was a fatal motor accident involving a Nissan C.20 Bus with registration no. XB 603 APP driven by Jelili Adekola (deceased) and Iveco Truck with registration no, XG 688 LSD belonging to 7 Up Bottling Company driven by the Appellant. Appellant left his lane and collided with the driver of the Nissan C. 20 Bus. The driver of the Nissan C. 20 Bus sustained serious injuries and was rushed to the hospital where he later died.

Appellant in his defence stated that he suddenly saw the Nissan C.20 bus being driven by the deceased on his lane. He tried to avoid it but his vehicle collided with the said vehicle. At the end of the trial, after a thorough appraisal of the facts and evaluation of the evidence led at the trial, the learned trial Judge found the Appellant guilty as charged in respect of the two counts and sentenced him to three years imprisonment with an option of fifty thousand naira (N50,000.00) fine. Appellant being dissatisfied with, the judgment of the trial Court appealed to this Honourable Court.

Appellant’s notice of appeal is dated 25th April, 2007 but filed on 26th April, 2007. Appellant’s notice of appeal contained two grounds which state:

Ground 1

That the decision of the trial Court as founded on circumstantial evidence is unreasonable, unfounded, perverse, and bad in law and thus occasioned a great miscarriage of justice, in that the evidence relied upon by the said Court in convicting the accused was neither conclusive, direct or positive

Ground 2

That the decision of the said trial Court is unreasonable and cannot be supported having regard to the weight of evidence.

In compliance with the rules of this Court parties duly filed and exchanged briefs of argument. Appellant’s brief of argument was filed on 24/6/09 but deemed properly filed on 13/7/09. The Respondent’s brief of argument was filed on 25/11/09 but deemed properly filed on 27/1/10.

Counsel to both parties adopted and relied on their briefs filed and the arguments contained therein. Learned Counsel for the Appellant distilled a sole issue for determination from the two grounds of appeal.

The sole issue states:

Whether from the totality of the evidence adduced and in this case, the trial Court was right in convicting the Appellant of the offences charged.