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 t…