Fatal boat accident: Court throws out driver’s bail application

Justice Josephine Oyefeso of the Lagos State judiciary yesterday threw out the bail application filed on behalf of a boat captain, HappinessElebiju, who is facing trial over a boat mishap on the Lagos waterways, which claimed the lives of 14 passengers.

The Lagos State government had arraigned Elebiju on August 24, 2020 on a 10-count criminal charge of manslaughter and one count of operating a boat without licence.

The defendant allegedly caused the passengers’ death in a boat mishap on July 29, 2020 in the Kirikiri waters, Lagos, after taking off from an illegal loading site with 20 passengers on board.

After the boat capsized, the rescue team of the Lagos State Waterways Authority, Marine Police and other boat operators rescued five passengers, while the defendant (captain of the boat) and his deck-hand boy also survived the accident.

The state Director, Public Prosecution, Mrs Yinka Adeyemi, who led the prosecution, argued that the alleged offence against the defendant was involuntary manslaughter that ran contrary to Section 224 and punishable under Section 229 of the Criminal Law Ch C17, Vol. 3, Laws of Lagos State, 2015.

Adeyemi also alleged that the defendant’s act of operating the boat without a licence was contrary to Section 311 (1) of the Lagos State Transport Sector Reform Law, 2018.

The court held that no fewer than four witnesses had testified on the matter, with only one witness remaining to do so, adding that the case was being given accelerated hearing.

Elebiju, however, pleaded not guilty to the charge against him.

Justice Oyefeso adjourned the case till October 7, 2020 for continuation of trial.