DR. EDWIN UNDEMEGBUNAM ONWUDIWE V FEDERAL REPUBLIC OF NIGERIA
June 6, 2025EKULO FARMS LIMITED V UNION BANK OF NIGERIA PLC
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 69114
In the Supreme Court of Nigeria
Fri Apr 21, 2006
Suit Number: SC/367/2002
CORAM
PARTIES
DICKSON MOSES APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On the 23rd day of January, 1990 the deceased, one Olufemi Adetola, who drove a Volks wagon car had a head-on collision with another vehicle, driven by the appellant ;the deceased did not survive the accident.
HELD
The court held that based on the rough sketch of the scene of the accident and the corroborating testimony of the sole witness, the appellant was guilty of causing death by dangerous driving. ?
ISSUES
(1) Whether the death was caused by the dangerous driving of the appellant, apart from the secondary issue of whether the said accident occurred along a Federal Highway (2) Whether PW5 was a tainted witness under the law(3) Whether the sentencing of appellant on count No. 2 by the court below was not an improper exercise of judicial powers
RATIONES DECIDENDI
CASES CITED
1. A.I.C. Ltd., V. Nigerian N.P.C. (2005) 5 SCNJ. 316, (2005) 6 SCM, 12. Abdullahi V. The State (1985) 3 NWLR (Pt. 3) 523 3. Adebodun Ajani V. The State (1978) 6 FCA 60.?
STATUTES REFERRED TO
1. Federal Highway Act 1971 (No.4 of 1971).2. Court of Appeal Act.3. Evidence Act.
