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GODSWILL IKEKWEM V. COMMISSIONER OF POLICE, DELTA STATE

(2004) JELR 55745 (CA)

Court of Appeal  •  CA/B/278M/2001  •  6 Apr 2004  •  Nigeria

Coram
PATRICK IBE AMAIZU, JCA (Dissenting) AMINA ADAMU AUGIE, JCA

Judgement

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice (Dr.) Dorubo Narebor, of the High Court of Justice Isele-Uku of Delta State of Nigeria dated 17/10/2001. The appellant was convicted for the offence of dangerous driving and causing death i.e. causing death by dangerous driving under sections 5 and 4 of the Federal Highway Decree No. 4 of 1971 and sentenced to 4 years imprisonment. The appellant being dissatisfied with the said conviction and sentence appealed to this court. The grounds of appeal without their particulars are set out here under. 1. The learned trial Judge erred in law when he held that “the accused person had created a situation by the manner of his dring (sic) which viewed objectively was dangerous. ... The fault required was simply that of falling below the care and skill required of a competent and experienced driver. ... The accused fell below that standard.”

The learned trial Judge erred in law when he h…

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