MICHAEL AKINOLA
A commercial bus driver, Elijah Shokoya, will be spending the next 12 years in prison custody for killing an officer of the Lagos State Traffic Management Agency (LASTMA), Olawale Akinmade, while performing traffic duty on the highway in Lagos State.
P.M.EXPRESS reports that it was the judgment of the Lagos State High Court sitting in Ikeja, wh8 found him guilty of manslaughter and sentenced him accordingly.
The Presiding Judge, Justice Oyindamola Ogala, ruled that the prosecution, the Lagos State Government, had proven beyond a reasonable doubt the one-count charge of manslaughter brought against the driver for the death of a LASTMA officer, late Akinmade.
The late Akinmade died on January 27, 2012 while controlling traffic at Demurin Street junction in the Mile 12 area of Lagos.
The judge stated: “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 accused Shokoya of knocking down Akinmade with a blue and black Opel space bus with the number plate AAA 74 GG while the officer was controlling traffic and he suffered injuries to his head and body from the incident, which led to his death, contrary to Section 224 of the Criminal Law of Lagos State, 2015, and punishable under Section 229.
The convict, Shokoya, was arraigned on June 23, 2021, and pleaded not guilty to the one-count charge.
In her judgment, Justice Ogala stated that the burden of proof in criminal cases rests on the prosecution, which must prove the case beyond a reasonable doubt.
“As regards the death of Akinmade Samson Olawale, there seems to be no dispute as to the death of the deceased.”
“The first prosecution witness, Aderonke Malik, testified that she saw Shokoya pushing Akinmade in front of his vehicle and that despite her pleas to stop, Shokoya continued driving until he knocked down Akinmade.”
Justice Ogala pointed out that the testimony of the Investigating Police Officer supported Malik’s account.
“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.”
“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 sentence the defendant to 12 years imprisonment from the day of judgment,” Justice Ogala concluded.