(1964) JELR 80464 (HC)    
High Court  ·  U/3.C/64 ·  28 Dec 1964 ·  Nigeria
Other Citations
(1964) All N.L.R. 602
Ekeruche, C.J.

Ekeruche, J.:The accused person originally stood charged with manslaughter contrary to section 263 of the Criminal Code Law of Western Nigeria and dangerous driving contrary to section 18 of the Road Traffic Law of Western Nigeria. At the close of the prosecution case he was discharged on the manslaughter count; only the dangerous driving count now subsists against him.

The prosecution case is as follows:-

The accused a motor mechanic put a motor cycle on the Benin-Ekpoma Road in the morning of 2.8.62 and drove it along the said road. The time of the morning then was about 7:00-8:00 am and school children were on their way to school. The prosecution evidence is that there were about twenty pedestrians on the road then.

1st prosecution witness Sunday Obu and 2nd prosecution witness Gaius Ighalo who were amongst school children that were going to School that day said accused rode past them from their rear. 1st prosecution witness said he was very fast. They said after accused had ridden pa…

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