The Ikeja High Court has refused 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 a ruling on Friday, Justice Oyindamola Ogala held that the defendant’s health was stable after spending seven weeks in the Intensive Care Unit (ICU) and discharged to face trial.
The judge ruled that the defendant 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.
She held that even though the defendant presented a medical report, the document showed he had been discharged from the ICU and was now fit for trial.
“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,” she ruled.
Earlier, the defence counsel, Lekan Egberongbe, prayed that the court grant Mr Osibanjo bail for medical care.
Mr Egberongbe said the defendant was an outstanding staff of Lagos state.
However, the Director of Public Prosecution (DPP), Babajide Martins, urged the court to refuse Mr Osinbanjo bail.
Mr Martins argued that the defendant was a flight risk and could interfere with the investigation.
Two witnesses had on May 26 testified against Mr Osinbanjo.
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 224 and 245 of the Criminal Laws of Lagos State Criminal, 2015.
The case was adjourned until October 20 for the continuation of trial.