Adewale Joseph Vs The State (2011)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellant was charged with the following four counts:

Count One:

Causing death by dangerous driving contrary to and punishable under section 5 of the Federal High way Act, Cap.135 Laws of the Federation of Nigeria 1990.

Count two:

Dangerous driving contrary to and punishable under section 6 (1) of the Federal Highways Act Cap. 13b Laws of the Federation of Nigeria 1990.

Count three:

Failure to stop after an accident contrary to section 12 (d) of the Federal Highways Act Cap. 135 Laws of the Federation of Nigeria, 1990.

Count four:

Failure to report an accident contrary to Section 13 (d) and punishable under Section 11 of the Federal Highway Act Cap., 135 Laws of the Federation of Nigeria 1990.

Lokulo Sodipe, J (as he then was) of the High Court of Ogun State, Abeokuta presided.

Six witnesses gave evidence for the prosecution, while two witnesses, who included the appellant, gave evidence for the defence. Seven documents were admitted in evidence as exhibits. The learned trial judge found the appellant guilty of causing death by dangerous driving, and failure to stop after an accident. He was sentenced as follows:

Count 1. 4 years imprisonment I.H.L.

Count 2. 2 years imprisonment I.H.L.