MOSES
V.
STATE

(2002) JELR 44410 (CA)    

Court of Appeal  ·  CA/I/29/99 ·  17 Jan 2002 ·  Nigeria
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
nwlr pt
learned trial judge
prosecution
evidence
court
reasonable doubt
water tanker
federal highway
vehicle
accused person
dangerous driving
evidence of pw5
olufemi adetola
lower court
time of the accident
volkswagen beetle
defence of the appellant
federal highway act
grounds of appeal
resultant position of the vehicles
conclusion of the learned trial judge
criminal charge
leading judgment
trial court
broken lines
cases of miller v
confusion vide page
considered judgment
decision of the learned trial judge
evidence of the 6th pw
evidence of the appellant page
fatal motor accident
high court ijebu-ode
high court of justice ogun state
mercedes benz petrol tanker
middle of the road
notice of appeal
onafowokan v state
own defence
place of an eyewitness account
point of impact of each vehicle
public having regard
rough sketch drawing
rough sketch of the scene
statement of offence 1st count
totality of the evidence of the only eyewitness
trial of the case

Adekeye, J.C.A. (Delivered the Leading Judgment): In a criminal charge preferred against Dickson Moses, then the accused person - now appellant, before this court, the information filed at the High Court of Justice Ogun State, Ijebu-Ode Judicial Division reads without the particulars as follows: -

"Statement of Offence 1st Count -

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

Statement of Offence 2nd Count -

Dangerous Driving contrary to and punishable under section 5(1) of the Federal Highway Act 1971 (NO 4 of 1971)".

The background to this case is that on the 23/1/90 the appellant drove the vehicle - a Mercedes Benz Petrol Tanker with registration number OY 1758 LE at Oke-Owa along old Ondo-Benin-Ijebu-Ode and had a head-on collision with another vehicle, a Volkswagen Beetle with registration number OGLG 48 J then driven by one Olufemi Adetola who died instantly. The appellant was charged before the High Cour…

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