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DICKSON MOSES V. THE STATE

(2006) JELR 33568 (SC)

Supreme Court  •  SC.308/2002  •  21 Apr 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ibadan Division of the Court of Appeal in appeal No. CA/1/29/99 delivered on 17th day of January, 2002 in which the court affirmed the judgment of the Ogun State High Court holden at Ijebu-Ode delivered in charge No. HCJ/9C/91 in which the trial court convicted and sentenced the appellant for the offence of causing death by dangerous driving a.k.a. manslaughter.

Appellant was charged before the trial court with the following offences:

"Statement of offence - 1st Count

Causing death by dangerous driving contrary to and punishable under section 4 of the Federal Highway Act, 1971 (No.4 of 1971).

Particulars of offence

Dickson Moses "M" on or about the 23rd day of January, 1990 at Oke-Owa along Old Ondo/Benin Road, Ijebu-Ode Judicial Division caused the death of one Olufemi Adetola "M" by driving a motor vehicle registration No. OY 1758 LE on the said Federal Highway in a manner which was da…

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