Funke Busari
Justice Josephine Oyefeso of an Ikeja High Court on Thursday fixed March 29 for ruling in a ‘no-case-submission’ filed by Happiness Elebiju, a driver of a boat said to have killed 13 passengers, including two children, in a boat mishap.
The incident happened on July 29, 2020 at about 5.45p.m on the waterways, around Kirikiri, Lagos when his boat with 20 passengers capsized, killing 13 persons.
Elebiju is standing trial on an 11 counts charge bordering on involuntary manslaughter brought against him by the Lagos state government in August, 2020.
The offence is contrary to Section 224 and punishable under Section 229 of the Criminal Law CH C17, Vol. 3, Laws of Lagos State 2015.
The state Director of Public Prosecutions, DPP, Mrs. Olayinka Adeyemi had alleged that Elebiju drove his boat, with the ‘Mount Zion Transport’ inscription in a reckless and dangerous manner and caused the death of its passengers.
Elebiju denied the charges.
The DPP, Mrs Adeyemi closed its case against the defendant on February 4, 2021 after calling four witnesses, including survivors of the boat mishap.
Elebiju, however did not open his defence but told the court that he wants to file a no-case-submission.
He informed the court through his counsel, Samuel Ogungbamila, that the defence had entered a no-case-submission before the court and that they have been served the reply of the prosecution to its application.
“We have also filed a written address and we adopt the entire application as our argument in the matter”, Ogungbamila said.
Ogungbamila prayed the court to discharge the his client saying that the prosecution has failed to establish a prima facie case against the defendant.
But the DPP told the court that the prosecution has also filed its response dated March 3, 2021 to the no-case-submission of the defendant.
Mrs. Adeyemi said the prosecution adopted the address as their leading arguments in the matter and urged the court to hold that the defendant has a case to answer going by the evidences presented before the court.
The trial judge, Justice Oyefeso adjourned the matter till March 29 to rule on the no-case-submission of the defendant.
