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PIUS JIZURUMBA V. THE STATE .

(1976) JELR 34013 (SC)

Supreme Court  •  SC.265/1975  •  12 Mar 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHUKWUWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Appearances
Gani Fawehinmi for the appellant. For Appellant M.A. Morah, Senior State Counsel, East Central State, for the respondent. For Respondent

Judgement

C. IDIGBE, J.S.C. (Delivering the Judgment of the Court): The appellant was on the 30th day of June, 1975, in the High Court of East Central State holden at Mbano convicted of various offences set down in five counts of the Information laid before that court. On each of the first and third counts he was charged with manslaughter contrary to section 325 of the Criminal Code in that he, on the 12th day of July, 1974, along the Okigwe-Owerri Road, unlawfully killed Donatus Aturucha Ezeala and Martins Osuoha respectively; on each of the second and fourth counts he was charged with causing death by dangerous driving contrary to section 17(2) of the Road Traffic Law, Cap 116, Vol 6 Laws of Eastern Nigeria in that he caused the death of Donatus Aturucha Ezeala and Martins Osuoha respectively at the same time and place, by driving a motor vehicle (a peugeot 404 pick-up No. ECU 2797) along a highway in a zig-zag manner which was dangerous to the public, and on the fifth count he was charged wi…

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