ALHAJI ARAFAT AKIBU & ORS V SHEDRIFATU AZEEZ
June 17, 2025INEC & ANOR. V MUSA & ORS.
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 61116
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 30, 2003
Suit Number: SC. 336/2002
CORAM
STANLEY SHENKO ALAGOA
I. L. KUTIGI
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
M. S. MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA JUSTICE, SUPREME COURT
PARTIES
ADEBOYE AMUSA APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant who was arraigned on an information dated 5th March, 1990, was charged with offences of causing death by dangerous driving on a Federal Highway contrary to and punishable under Section 4 of the Federal Highways Decree No.4 of 197 and dangerous driving on a Federal Highway contrary to and punishable under Section 5(1) of the Federal Highway Decree No.4 of 1971.
HELD
Concurrent findings of the two lower courts upheld not being perverse or erroneous in substantive or procedural law.
ISSUES
(i) Whether from the totality of the evidence adduced at the trial, the Court of Appeal rightly affirmed that the charge of causing death by dangerous driving against the Appellant was proved beyond reasonable doubt in accordance with Section 138 of the Evidence Act (Cap. 112) Laws of the Federation. (ii) Whether the learned Justices of the Court of Appeal were right in affirming the decision of the trial Court that the accident occurred on a Federal Highway. (iii) Whether the Court of Appeal was right in holding that the deceased was positively identified to the Doctor who performed the post-mortem examination on the corpse of the deceased.
RATIONES DECIDENDI
CASES CITED
The State V. Fidelis Usifor (1974) 1 NMLR 72|Aruwa V. The State (1990) 6 NWLR (PT. 155) 125 at 135-137
STATUTES REFERRED TO
Evidence Act|
