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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, was on Friday thrown out by Justice Oyindamola Ogala of an Ikeja High Court.
In her ruling on the bail application, Justice Ogala who declared that Osibanjo's health was stable after spending seven weeks in the Intensive Care Unit (ICU) and discharged to face trial, held that the defendant could continue to receive care in custody.
According to Justice Ogala, the medical director of the custodial centre was the only authorized 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.
“It is pertinent to state that though the applicant has placed before the court an exhibit (medical report) showing his state of health, the 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”.
It would be recalled that counsel to the troubled BRT driver, Lekan Egberongbe, had prayed to the court to grant Osibanjo bail to receive medical care.
In his words: "The defendant is 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”.
But counsel to the Lagos State Government (LASG), Jide Martins, urged the court to refuse Osibanjo bail.
While stating that the defendant is a flight risk, Martins posited, "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 honourable court to refuse the bail of the defendant”.
Osibanjo is standing trial on a 16-count bordering on involuntary manslaughter and grievous harm, preferred against him by the state government.
The offence, according to the prosecution, contravenes Sections 224 and 245 of the Criminal Laws of Lagos State, 2015.
Justice Ogala has adjourned until October 20, 2023, for the continuation of the trial.
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