JOSEPH ADEBAYO VS THE STATE
(1972) LCN/1573(SC)
In the Supreme Court of Nigeria
Wednesday, February 9, 1972
Case Number: SC 192/1971
JUSTICES:
COKER JSC
UDOMA JSC
FATAYI-WILLIAMS JSC
APPELLANTS
JOSEPH ADEBAYO
THE STATE
COKER, JSC. (Delivered by Judgment of the Court )
There is absolutely no substance in this appeal. The facts found by the learned trial Judge who tried the case are amply supported by the evidence which he accepted. Those findings portray a gross and reckless inadvertence to the lives and safety of others and we think that in the circumstances the appellant was rightly convicted. We must however point out that the charges should have been treated as if they were in the alternative for quite plainly the 2nd charge includes the first in its ambit.
We will therefore allow the appeal on the first count and set aside the conviction on the first count as well as the sentence on that count. Otherwise the appeal is dismissed and the conviction and sentence on the 2nd count are affirmed.
COUNSELS
H.G. Whyte, for the Respondent.
