COURT SENTENCES BUS DRIVER TO 12-YEARS IN PRISON FOR KILLING LASTMA OFFICER

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Elijah Shokoya, a commercial bus driver, was found guilty and given a 12-year prison sentence by the Lagos High Court in Ikeja on Thursday for the assassination of a Lagos State Traffic Management Agency (LASTMA) inspector.

Judge Oyindamola Ogala imprisoned Shokoya after ruling that the Lagos State Government, the prosecution, had established the one-count manslaughter accusation against Olawale Akinmade, a LASTMA official who passed away on Wednesday, January 27, 2012, beyond a reasonable doubt.

The judge held, “The prosecution has established beyond reasonable doubt that the deceased died, that the unlawful acts of the defendant caused the death of the deceased and that the acts of the defendant which eventually caused the death of the deceased were with the knowledge that injury or grievous bodily harm was the probable consequence.”

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The Lagos State government claimed that the prisoner had struck Akinmade with a blue and black Opel Spacebus bearing the license plate AAA 74 GG while directing traffic. The LASTMA officer allegedly sustained head and body injuries as a result.

According to the prosecution, the unfortunate incident happened at the intersection of Demurin Street and Mile 12 in Lagos, in violation of Section 224 of the Lagos State 2015 Criminal Law, and it was penalized under Section 229 of the same law.

On June 23, 2021, the prisoner was arraigned and entered a not guilty plea to the single count.

In her ruling, Justice Ogala stated that the only question to be answered is whether the prosecution has successfully proven the allegation of involuntary manslaughter that it brought against the defendant in order to get the defendant convicted.

The judge emphasized that the prosecution has the burden of proof in criminal proceedings and that the standard of proof is proof beyond a reasonable doubt. This is a well-established legal stance.

She held, “As regards the death of Akinmade Samson Olawale, there seems to be no dispute as to the death of the deceased.”

The testimony of a first prosecution witness, Aderonke Malik, is that she saw the defendant pushing the deceased into the front of his vehicle.

Her testimony is also that she ran to the scene asking the defendant to stop the car, but he did not, and that the deceased kept on banging the bonnet of the vehicle to stop. She further testified that the defendant did not stop until he knocked down the deceased.

“Also, in this instant case, it is instructive that the Investigating Police Officer also gave direct evidence of what she saw, heard and investigated. The Court, therefore, finds that the evidence cannot be faulted as suggested by the defence in this instance.

“It must be pointed out that proof beyond reasonable doubt is not proof beyond every shadow of doubt. The degree of proof amounting to reasonable doubt need not reach certainty, but it will carry a high degree of probability.

“Once the ingredients of the offence the accused is charged with are proved, that constitutes proof beyond a reasonable doubt, and for him to be entitled to the benefit of the doubt, the doubt must be a genuine and reasonable one arising from some evidence before the Court.

“The Honourable Court, therefore, finds the Defendant Guilty of the One Count charge of Involuntary Manslaughter he stands faced with and is accordingly convicted.

“I hereby sentenced the defendant to 12 years imprisonment from the day of judgment,” Justice Ogala held.