Adeboye Amusa Vs The State (2003)

LAWGLOBAL HUB Lead Judgment Report

U. ONU, JSC. 

This is an appeal against the judgment of the Sagamu High Court, Ogun State (per F.O. Odubiyi J.) dated 28th May, 1990. The Appellant who was arraigned on an information dated 5th March, 1990, was charged with offences of:

Causing death by dangerous driving on a Federal Highway contrary to and punishable under Section 4 of the Federal Highways Decree No.4 of 1971; and

Dangerous driving on a Federal Highway contrary to and punishable under Section 5(1) of the Federal Highway Decree No.4 of 1971.

Six witnesses in all were called-five for the prosecution, and one for the defence.

In its judgment delivered on the 28th day of May, 1990, the learned trial Judge found the Appellant guilty and proceeded to sentence him to three years imprisonment on the first count and six months imprisonment on the second count.

His appeal to the Court of Appeal was dismissed. Hence his further appeal to this Court against his conviction and sentence. Following this, briefs of argument were filed and exchanged by the parties.

It is the Appellant’s considered view that the following issues arise for our determination:

ISSUE 1

Given our adversary system of criminal justice, was the trial court right in convicting and sentencing the Appellant for dangerous driving on a Federal Highway in the absence of any modicum of proof that the road is indeed a Federal Highway or that the accused drove dangerously?

ISSUE 2

Whether it was right and proper in law for the trial court to hold that the body of the deceased Mrs. Adeoti Adegunle was properly identified, when in fact and in law there was no positive identification of the body of the deceased to any qualified pathologist nor was there definite evidence establishing a nexus between the body and the accident involving the Appellant’s taxi cab.

ISSUE 3

Whether the trial Court dispassionately evaluated the evidence before it so as to arrive at the right conclusion in this case.