FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (the court below) , delivered on 28 March 2011. Therein, the appellant’s conviction for causing death by dangerous driving and dangerous driving by the trial High Court of Ogun State, Ilaro Judicial Division was affirmed. On 27April 2006, the appellant was arraigned before the trial court upon a two count charge of causingdeath bydangerous driving and dangerous A driving, contrary to sections 5 and 6(1) respectively of the Federal Highways Act, Cap. F.13, Laws of the Federation of Nigeria, 2004. He pleaded not guilty to both counts.
Before the trial court, the prosecution called three witnesses and tendered certain exhibits to prop their case. The appellant testified for himself but called no witness. The learned trial judge, Dipeolu, J., garnered evidence from both sides of the divide and was duly addressed by counsel to the parties. In his considered judgment ha…