Justice Josephine Oyefeso of an Ikeja High Court has fixed March 29 for ruling in a ‘no-case-submission’ filed by a Captain, Elebiju Happiness, alleged to have killed 13 passengers, including two children, in a boat mishap.
The accident happened on July 29, 2020 on the waterways, around Kirikiri, Lagos when his boat with 20 passengers capsized, killing the victims.
Captain Elebiju is facing an eleven count charge brought against him by the Lagos state government.
The offences contravened Section 224 and punishable under Section 229 of the Criminal Law CH C17 Vol. 3 Law of Lagos State 2015.
The state Director of Public Prosecutions (DPP), Mrs Olayinka Adeyemi had alleged that Elebiju drove his boat, with the inscription “Mount Zion Transport” in a reckless and dangerous manner and caused the death of the victims.
Elebiju pleaded not guilty.
The DPP, Mrs Adeyemi closed its case against the defendant on February 4 after calling four witnesses, including survivors of the boat mishap.
Captain Elebiju, instead of opening his defence, informed the court of his intention to file a no-case-submission before the court.
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During resumed proceeding, the Captain through his counsel, Samuel Ogungbamila told the court 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”, he said.
He prayed the court to discharge the defendant saying that the prosecution has failed to establish a prima facie case against his client.
Responding, 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.
