The bail application of the Bus Rapid Transit (BRT) driver, Oluwaseun Osibanjo, has been refused by an Ikeja High Court
Osibanjo allegedly caused grievous harm and involuntary manslaughter by running his BRT bus into a moving train in the Oshodi area of Lagos state.
Justice Oyindamola Ogala, who refused to grant the application, averred that the defendant was in good shape health-wise after spending seven weeks in the Intensive Care Unit (ICU) and discharged to face trial.
Ogala ruled that the defendant could continue to receive the care in custody.
According to her, the medical director of the custodial centre was the only authorised person to issue a medical report that indicated the need for the defendant to get external medical care.
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.”
Earlier, the Defence Counsel, Mr Lekan Egberongbe, prayed the court to grant Osibanjo bail to receive medical care.
Egberongbe said the defendant 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.
The Director of Public Prosecution (DPP), Dr Babajide Martins, however, urged the court to refuse Osibanjo bail.
Martins argued that the defendant was a flight risk.
“My lord, the witness may be scared of the weight of sentences the charges against him carry.
“Moreover, there are 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.
Two witnesses had on May 26 testified against Osinbajo.
The defendant is standing trial on a 16-count bordering on involuntary manslaughter and previous harm, preferred against him by the state government.
The offences contravened Sections Sections 224 and 245 of the Criminal Laws of Lagos State Criminal, 2015.
The case was adjourned until Oct. 20 for continuation of trial.
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