A Lagos State High court in Ikeja has convicted and sentenced a 40-year-old commercial bus driver, Elijah Shokoya, to 12 years imprisonment for killing an officer of the Lagos State Traffic Management Agency, LASTMA.
Delivering the judgement on Thursday, Justice Oyindamola Ogala after the prosecution by the Lagos State Government.
The trial judge while delivering the judgement held that the prosecutor has proven beyond reasonable doubt the one-count charge of the manslaughter of the LASTMA officer, Olawale Akinmade, who died on Wednesday, January 27, 2012.
According to Justice Ogala, “The prosecution has established beyond reasonable doubt that the deceased died, that the unlawful acts of the defendant caused the death of the deceased and that the acts of the defendant which eventually caused the death of the deceased were with the knowledge that injury or grievous bodily harm was the probable consequence.”
The Lagos State government alleged the convict of knocking down Akinmade with a blue and black Opel space bus with number plate AAA 74 GG while controlling traffic, and he suffered injuries to his head and body.
The prosecution claimed that the tragic incident occurred at Demurin Street junction inwards Mile 12.
It stated that the offence violated Section 224 of the Criminal Law of Lagos State, 2015, and is punishable under Section 229.
The convict was arraigned on June 23, 2021, and pleaded not guilty to the one-count charge.
Handing down the judgement, the judge held that the sole issue for determination is whether the totality of the evidence court, the prosecution, has successfully proved the charge of involuntary manslaughter proffered against the defendant to enable it to convict the defendant.
The trial judge pointed out that the position of the law is indeed well settled that the burden of proof in criminal cases rests on the prosecution, and the standard of proof is proof beyond reasonable doubt.
Justice Ogala held, “As regards the death of Akinmade Samson Olawale, there seems to be no dispute as to the death of the deceased. The testimonies of a first prosecution witness, Aderonke Malik, testified that she saw the defendant pushing the deceased the front of his vehicle. Her testimony is that she ran there asking the defendant to stop the car, but he did not, and that the deceased kept on banging the bonnet of the vehicle to stop. She testified that the defendant did not stop until he knocked down the deceased.
“Also, in this instance case, it is instructive that the Investigating Police Officer also gave direct evidence of what she saw, heard and investigated. The court, therefore, finds that the evidence cannot be faulted as suggested by the defence in this instance.
“It must be pointed out that proof beyond reasonable doubt is not proof beyond every shadow of doubt. The degree of proof amounting to reasonable doubt need not reach certainty, but it will carry a high degree of probability.
“Once the ingredients of the offence the accused is charged with are proved, that constitutes proof beyond a reasonable doubt, and for him to be entitled to the benefit of the doubt, the doubt must be a genuine and reasonable one arising from some evidence before the court.
“The honourable court, therefore, finds the defendant guilty of the one count charge of involuntary manslaughter he stands faced with and is accordingly convicted.
“I hereby sentenced the defendant to 12 years imprisonment from the day of judgement,” stated Justice Ogala.
