Justice Oyindamola Ogala of a Lagos High Court, sitting in Ikeja, yesterday, refused to grant bail to Oluwaseun Osibanjo, the driver of the Bus Rapid Transport (BRT) staff bus that collided with Train at the PWD area of the state on March 9, 2023.
The trial judge refused Osibanjo bail while ruling on his application seeking interim relief from the custody of a Correctional Centre. The state government had arraigned the defendant on a 16-count charge bordering on involuntary manslaughter and grievous harm.
The prosecution said his offences are contrary to the provisions of Sections 224 and 245 of the Criminal Laws of Lagos State 2015. However, Justice Ogala in her ruling, held that the defendant could continue to receive the care in custody, noting that the medical director of the custodial centre was the only authorised person to issue a medical report that could indicate the need for the defendant to get external medical care.
She held further: “Where ill health is relied upon, expert credible medical evidence must be adduced. Where an applicant in an application for bail, such as in the instant case, predicates his reason for medical care and treatment, it must always be borne in mind that each case is usually considered and determined on its peculiar facts and circumstance.
After citing plethora of decided cases, the judge held that, “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 Intensive Care Unit (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,” he said. Justice Ogala, therefore, ordered accelerated hearing in the case, and subsequently adjourned further hearing to October 20, 2023.
