Lagos High Court Rejects Bail Application Of BRT Driver Who Rammed Into Train

One of the Ikeja High Court has refused to grant the bail application of the Bus Rapid Transit (BRT) driver, Oluwaseun Osibanjo, who allegedly caused grievous harm and involuntary manslaughter by running into a moving train.

According to reports gathered on Friday, Justice Oyindamola Ogala gave the ruling on Friday in Lagos State.

Ogala in her order, held that the defendant’s health was stable after spending seven weeks in the Intensive Care Unit and discharged to face trial.

Ogala ruled that the defendant could continue to receive care in custody where he was kept.

According to her, the medical director of the custodial center 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.”

Freshreporters media had earlier noted that, the Defence Counsel, in person of Mr. Lekan Egberongbe, prayed to 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.

Dr. Babajide Martins, who’s the Director of Public Prosecution, however, urged the court to refuse Osibanjo bail.

Dr. Martins argued that the defendant was a flight risk.

He said

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

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

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

It could be recalled that two witnesses had on 26th of May 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 20th of October, 2023 for continuation of trial.