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ADEWALE JOSEPH V. THE STATE

(2009) JELR 42128 (CA)

Court of Appeal  •  CA/I/186/2006  •  30 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA SIDI DAUDA BAGE JCA MODUPE FASANMI JCA

Judgement


MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ogun State sitting at Abeokuta Judicial Division which was delivered on the 21st of July, 2004. In the said judgment, the learned trial Judge found the Appellant guilty of causing death by dangerous driving; dangerous driving and failure to stop after an accident contrary to Sections 6(1) and 13(a) respectively of the Federal Highways Act, Cap: 135 Laws of the Federation of Nigeria 1990.

Appellant was sentenced as follows:

On count I - 4 years imprisonment I.H.L.

On count II - 2 years imprisonment I.H.L.

On count III - 12 months imprisonment I.H.L

The Appellant was discharged and acquitted in respect of the offence of failure to report an accident contrary to Section 13(d) of the Federal Highways Act, Cap 135, Laws of the Federation of Nigeria 1990,

The brief facts of the case are that on the 12th of May, 2000, the Appellant being the driver in charge of a Nis…

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