On the 21st day of May, 1994 the appellant was driving a land Rover with registration No. LAC 1088 A from Owerri to Port Harcourt along Owerri/Port Harcourt when the said vehicle collided with a Peugeot saloon car with registration No. RV 4653 D driven by the deceased John Egora.

Two other women who were traveling with the deceased in the vehicle also died leaving a seven year old boy as the only survivor. P.W. 2 Samuel Onwualu, a Chief Superintendent of Police who arrived at the scene of the accident first saw the three dead bodies, on male and two females on the ground. He also drew out a seven - year boy who was trapped inside the vehicle but alive. He then sent for PW1 who came with other police men from Umuagwo Ohaji Police Station and made a rough sketch of the scene of accident, Exhibit A, PW1 later removed the bodies to the General Hospital Owerri where PW3, a medical doctor attached to the General Hospital Owerri performed post mortem examination on them.

Later, he invited PW3, a Vehicle Inspection Officer attached to the Ministry of Works, Owerri who inspected the two vehicles involved in the accident. In his view, the accident was not caused by any mechanical or electrical faults in the vehicles.

The appellant who disappeared from the scene of the accident was brought to the Police Station on the 10th of June, 1994 and PW2 and PW1 obtained a cautionary statement from him, Exhibit B. The appellant gave evidence on his own behalf and called no witness. His defence is a total denial of the offence. He attributed the cause of the accident to the deceased, John Egora who failed to keep to his own side of the road and collided with his vehicle on his side.

After addresses by counsel, on either side, the learned trial judge, Njiribeako J., in a reserved judgment found the appellant guilty in all the counts except count 10 and sentenced him to ten years imprisonment on counts i, iv and vi sentence to run concurrently. No sentence was passed on the other counts but he was barred from driving.

Dissatisfied with his conviction, the appellant appealed to the Court of Appeal.