S. KAWU, J.S.C.(Delivering the Leading judgment): At the High Court of Oyo State, holden at Oyo, the appellant was charged with the offences of (1) causing death on the highway by dangerous driving contrary to S.4 of the Federal Highway Act, No.4 of 1971; (2) dangerous driving contrary to S.5(1) of the same Act.
He pleaded not guilty to both counts.
The facts of the case are fairly simple and straight forward. The prosecution's case was that in the evening of 5th December, 1979, Nuru Wangara (1PW) was driving a trailer, Registration No. 6323K from Lagos to Kano. When he got to a point between Oyo and Ogbomoso and was ascending a hill, another trailer, Registration No. LAD 3323A, driven by the appellant, suddenly emerged from the opposite direction. 1 PW was on his own side of the road when the appellant's vehicle left its side, and brushed the left side of 1 PW's vehicle and ended up in the gutter. A passenger in the appellant's vehicle, who, incidentally, happened to be the appellant…