The High Court sitting in Ikeja, Lagos State, has rejected 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 in the state.
The presiding judge, Justice Oyindamola Ogala, in a ruling on Friday, July 7, 2023, held that the defendant’s health was stable after spending seven weeks in the Intensive Care Unit (ICU) and discharged to face trial.
Justice Ogala ruled that the BRT driver could continue to receive 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.
The judge 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.
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“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.”
The defence counsel, Lekan Egberongbe, prayed the court to grant Osibanjo bail to receive medical care.
Egberongbe said the defendant was an outstanding staff of Lagos state.
The Director of Public Prosecution (DPP), Dr Babajide Martins, however, urged the court to refuse Osibanjo bail, adding that the defendant was a flight risk.
The BRT driver is standing trial on a 16-count bordering on involuntary manslaughter and previous harm, preferred against him by the Lagos State Government.
The offences, according to the government, contravened Sections Sections 224 and 245 of the Criminal Laws of Lagos State Criminal, 2015.
The case was, therefore, adjourned until October 20, 2023, for continuation of trial.
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