LEGAL PRINCIPLE: CRIMINAL LAW — Road Traffic Offences — Dangerous Driving — Ingredients of Offence under Sections 4 and 5(1) of Federal Highways Act 1971
PRINCIPLE STATEMENT
To prove dangerous driving causing death under sections 4 and 5(1) of the Federal Highways Act 1971, the prosecution must prove beyond reasonable doubt: (i) that the accused's manner of driving was reckless or dangerous; (ii) that the dangerous driving was the substantial cause of death; and (iii) that the accident occurred on a Federal Highway.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Amusa v. State (2003) NLC-3362001(SC) at p. 2; Paras A–C.
"In order to succeed in proving that an accused person caused the death of the deceased by dangerous driving and that he drove dangerously under sections 4 and 5(1) of the Federal High Ways Act 1971, the prosecution must prove the following ingredients beyond reasonable doubt against him, to wit: (i) that the accused person's manner of driving was reckless or dangerous. (ii) that the dangerous driving was the substantial cause of the death of the deceased and (iii) that the accident occurred on a Federal High way."
EXPLANATION / SCOPE
Dangerous driving causing death requires three elements. The prosecution must prove all. The principle applies to road traffic offences. The standard is beyond reasonable doubt. The rule is statutory. The court will examine each ingredient. The principle is well-established.