An Ikeja High Court on Friday refused the bail application of the Bus Rapid Transit (BRT) driver, who allegedly caused grievous harm and involuntary manslaughter by running into a moving train, leading to the deaths of At least six persons and many others injured on March 9.
In her ruling, Justice Oyindamola Ogala held that Oluwaseun Osibanjo’s health was stable after he had spent seven weeks in the Intensive Care Unit and was discharged to face trial.
Justice Ogala ruled that the defendant could continue to receive medical care in custody.
According to her, the medical director of the custodial center was the only authorized 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,”
At the last proceeding, defence counsel, Lekan Egberongbe had prayed the court to grant Mr Osibanjo bail 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.
