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ADEWALE JOSEPH V. THE STATE

(2011) JELR 42645 (SC)

Supreme Court  •  SC.48/2010  •  17 Jun 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC;

Judgement

BODE RHODES-VIVOUR, J.S.C. (Delivering the leading Judgment).: The appellant was charged with the following four counts:

Count One:

Causing death by dangerous driving contrary to and punishable under section 5 of the Federal High way Act, Cap.135 Laws of the Federation of Nigeria 1990.

Count two:

Dangerous driving contrary to and punishable under section 6 (1) of the Federal Highways Act Cap. 13b Laws of the Federation of Nigeria 1990.

Count three:

Failure to stop after an accident contrary to section 12 (d) of the Federal Highways Act Cap. 135 Laws of the Federation of Nigeria, 1990.

Count four:

Failure to report an accident contrary to Section 13 (d) and punishable under Section 11 of the Federal Highway Act Cap., 135 Laws of the Federation of Nigeria 1990.

Lokulo Sodipe, J (as he then was) of the High Court of Ogun State, Abeokuta presided.

Six witnesses gave evidence for the prosecution, while two witnesses, who included the appellant, gave evidence for the defence. Seven documen…

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