BRT-TRAIN COLLISION: LAGOS COURT STRIKES OUT BUS DRIVER'S BAIL APPLICATION

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By Aishat Momoh. O

A Bus Rapid Transit (BRT) driver was denied bail by the Ikeja High Court on Friday. The driver is accused of causing grave harm and involuntary manslaughter by ramming into a moving train, which resulted in at least six fatalities and numerous injuries.

After spending seven weeks in the intensive care unit, Oluwaseun Osibanjo was released to stand trial with his health being deemed stable, according to Justice Oyindamola Ogala’s judgment.

The defendant may continue to get medical attention while in detention, according to Justice Ogala’s ruling.

She claimed that the defendant needed to receive outside medical care and that only the medical director of the detention facility had the authority to make such a determination.

She said: “The law is well settled to the effect that when in detention or custody, the responsibility of affording the applicant access to proper medical facilities rests with those in whose custody he is, invariably the prison authorities.

“”It is pertinent to state that though the applicant has placed before the court an exhibit (medical report) showing his state of health, same indicates that the defendant had stayed in the hospital for a total of seven weeks and has been discharged from the ICU and fit for trial.

“The defendant has also not shown that the correctional centre does not have the required facilities to take adequate care of him.

“The court in its considered view finds that at this time, the instant case does not warrant the exercise of its discretion in favour of granting the defendant bail.

“The defendant’s application for bail is hereby refused,”

During the last proceeding, the defence counsel, Lekan Egberongbe had prayed the court to grant Mr Osibanjo bail in order to receive medical care on grounds that the bus driver was an outstanding staff of Lagos state.

“My lord, the defendant has promised the court that he will not jump bail, escape upon release or interfere with the investigation.

“We pray the court to grant bail to the defendant,” he said.

But, the Director of Public Prosecution (DPP), Babajide Martins, urged the court to refuse the bail application, saying the defendant is a flight risk.

“My lord, the witness may be scared of the weight of sentences the charges against him carry.

“Moreover, there are a number of witnesses against him and he may likely interfere with the investigation, if granted bail.

“We hereby urge this honourable court to refuse the bail of the defendant,” he said.

So far, two witnesses have testified against the defendant. In May, the court heard the testimonies of a passenger in the bus, a 38-year old Civil Servant, Ogundeji Rotimi, as well as a Vehicle Inspection Officer (VIO), Ahmed Baruwa.

The defendant is standing trial on a 16-count charge bordering on involuntary manslaughter and grievous harm, preferred against him by the state government.

If found guilty, he risks a maximum life sentence under Section 222 and 227 of the Criminal Laws of Lagos State.

The case was adjourned until Oct. 20 for continuation of trial.