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EMEKA MBACHU v. THE STATE

(2018) JELR 38329 (SC)

Supreme Court  •  SC.471/2013  •  14 Jun 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The appellant herein, who was the accused at the trial High Court (Rivers State High Court) was the driver of a bus with Registration No. RV 1863 PC. At about 6:45pm along the Port-Harcourt - Aba expressway, by a place known as Artillary Junction, he was stopped by the members of the Road Marshall, known as Special Marshall, on the alleged offence of driving with only one headlight. The deceased a member of the Road Marshall, was assigned to book him for the alleged infraction. While the deceased was in front of the bus to examine the headlight, the appellant, allegedly drove over him, crushed him and drove away. The deceased was taken to a private clinic where he died shortly thereafter. After taking and evaluating the evidence from the parties, the learned trial judge found the appellant guilty of the offence as charged, convicted and sentenced him to death.

On appeal to the Court of Appeal, Port-Harcourt Division (Cou…

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