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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
<p><strong>BODE RHODES-VIVOUR, J.S.C. (Delivering the leading : ): </strong>The appellant was charged with the following four counts:</p><p> Count One:</p><p> 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.</p><p> Count two:</p><p> Dangerous driving contrary to and punishable under section 6 (1) of the Federal Highways Act Cap. 13b Laws of the Federation of Nigeria 1990.</p><p> Count three:</p><p> 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.</p><p> Count four:</p><p> 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. </p><p> Lokulo Sodipe, J (as he then was) of the High Court of Ogun State, Abeokuta presided.</p><p> Six witnesses gave evidence for the prosecution, while two witnesses, who included the appellant, gave evidence for the defence. Seven document…</p>

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