MUYIDEEN SALAKO V. THE STATE
(2007) JELR 47186 (CA)
Court of Appeal
•
CA/I/99/03
•
26 Mar 2007
•
Nigeria
Coram
JOHN AFOLABI FABIYI JCA;
AMINA ADAMU AUGIE JCA;
JOHN INYANG OKORO JCA;
Appearances
Chief Tunde Olojo with Elubode Omoboriowo, Esq. For Appellant
B. A. Adebayo, Esq., with Miss O. T. Ayeni For Respondent
Judgement
<p><strong>AUGIE, J.C.A. (Delivering the Leading Judgment):</strong> The Appellant was convicted and sentenced to a term of three years imprisonment by an Abeokuta High Court of Ogun State for the offence of causing death by dangerous driving. The two-count charge against him read- </p><p>"CAUSING DEATH BY DANGEROUS DRIVING contrary to and punishable under Section 5 of the Federal Highways Act (Cap. 135) Laws of the Federation of Nigeria (LFN) 1990.</p><p> PARTICULARS OF OFFENCE</p><p> MUYIDEEN SALAKO on or about the 14th of September 1999 at about 9.00 p.m at a point at Molegede Village along Abeokuta/Igboore Road, a Federal Highway in the Abeokuta Judicial Division caused the death of one Madam Isimotu Rabiu by driving a vehicle with Reg. No. XB 279 MB in a manner, which was dangerous to the public having regard to all the circumstances of the case. (Italics mine)</p><p> 2ND COUNT- STATEMENT OF OFFENCE</p><p> Dangerous Driving contrary to and punishable under Section 6 (1) of the Federal Highways Act (Cap. 135) LFN 1990.</p><p> PARTICULARS OF …</p>