CORAM

MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

JAMES OGENYI OGEBE (Lead Judgment), JUSTICE SUPREME COURT

MAMMAN NASIR

PARTIES

ADEBOYE AMUSA APPELLANTS

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 72Aruwa V. The State (1990) 6 NWLR (PT. 155) 125 at 135-137?

STATUTES REFERRED TO

 Evidence Act

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