Dickson Moses V. The State (2006)

LAWGLOBAL HUB Lead Judgment Report

ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Ibadan Division of the Court of Appeal in appeal No. CA/1/29/99 delivered on 17th day of January, 2002 in which the court affirmed the judgment of the Ogun State High Court holden at Ijebu-Ode delivered in charge No. HCJ/9C/91 in which the trial court convicted and sentenced the appellant for the offence of causing death by dangerous driving a.k.a. manslaughter.

Appellant was charged before the trial court with the following offences:

“Statement of offence – 1st Count

Causing death by dangerous driving contrary to and punishable under section 4 of the Federal Highway Act, 1971 (No.4 of 1971).

Particulars of offence

Dickson Moses “M” on or about the 23rd day of January, 1990 at Oke-Owa along Old Ondo/Benin Road, Ijebu-Ode Judicial Division caused the death of one Olufemi Adetola “M” by driving a motor vehicle registration No. OY 1758 LE on the said Federal Highway in a manner which was dangerous to the public having regard to all the circumstances of the case.

Statement of offence – 2nd Count

Dangerous driving contrary to and punishable under section 5(1) of the Federal Highway Act, 1971, No.4 of 1971.

Particulars of offence

Dickson Moses, “M” on or about the 23rd day of January, 1990 at Oke-Owa along Old Ondo/Benin Road, Ijebu-Ode a Federal Highway in the Ijebu-Ode Judicial Division drove a motor vehicle Registration No. OY 1758 LE on the said Federal Highway in a manner that was dangerous to the public having regard to all the circumstances of the case.”

The respondent called a total of six witnesses while the appellant testified on his behalf and called no other witness.

The facts of the case include the following. On the 23rd day of January, 1990 the deceased, one Olufemi Adetola, male was driving a Volkswagen Beetle Car with registration No. OGLG 48 J along old Ondo/Benin Road, Ijebu-Ode, a Federal Highway and when he got to Oke-Owa town, the deceased had a head-on collision with another vehicle, a petrol tanker with registration No. OY 1758 LE driven by the appellant. At the time of the accident, the deceased had two passengers in the vehicle he was driving including PW5 and a lady referred to as Titilayo who allegedly sat in front with the deceased while PW5 sat at the back of the said vehicle. It is the case of the prosecution that the accident occurred as a result of the dangerous manner the appellant drove his vehicle along that road that particular day in that appellant allegedly left his rightful lane by pulling out of it as a result of a long queue of vehicles and drove on the lane of the on coming vehicle then being used by the deceased and collided with the vehicle of the deceased thereby killing him on the spot.

On the other hand, appellant denies leaving his lane and colliding with the deceased in the deceased’s lane. His case is that there was a broken down water tanker on the road which had spilled water on the road thus rendering the road slippery and that the deceased was overtaking the said broken down water tanker when he (the deceased) drove into the appellant’s vehicle and caused the accident. Appellant further said that he tried to avoid the accident by applying his brakes only for the vehicle to swerve and collide with the vehicle of the deceased.