JOHN A. FABIYI, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (the Court below) delivered on 28th March, 2011. Therein, the appellant's conviction for causing death by dangerous driving and dangerous driving by the trial High Court of Ogun State, Ilaro Judicial Division was affirmed.
On 27th April, 2006, the appellant was arraigned before the trial court upon a two count charge of causing death by dangerous driving and dangerous driving contrary to Sections 5 and 6(1) respectively of the Federal Highways Act, Cap. F.13 LFN, 2004. He pleaded not guilty to both counts.
Before the trial court, the prosecution called three witnesses and tendered certain exhibits to prop their case. The appellant testified for himself but called no witness. The learned trial Judge, Dipeolu, J. garnered evidence from both sides of the divide and was duly addressed by counsel to the parties. In his considered judgment handed out on 24th …