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USAINI MOHAMMED v. COMMISSIONER OF POLICE

(2017) JELR 37238 (SC)

Supreme Court  •  SC.625/2014  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Jos Division delivered on 30th June, 2014, wherein the Court below dismissed the Appellant's appeal against the judgment of the High Court which had earlier confirmed the conviction of the Appellant by the Upper Area Court sitting in Mangu, Plateau State on the offence of dangerous and reckless driving under Section 5 of the Federal Highways Act, Cap 135 of the Laws of Federation, 1990.

The Court below found that the procedure for summary trial as provided under Sections 156 and 157(1) of the Criminal Procedure Code was duly complied with, and proceeded to affirm the conviction of the Appellant.

SUMMARY OF FACTS

The Appellant on the 4th February, 2012, was driving a stretched vehicle (a truck), along Mangu Road when he was involved in a fatal accident in which the passenger of a Motor cyclist road user was killed while the rider himself sustained injuries while drivin…

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