By Romanus Okoye
A boat driver, Elebiju Happiness has made a no-case submission over his alleged killing of 13 passengers, including two children, in a boat mishap. The accident happened on July 29, 2020 at about 5.45pm on the waterways, around Kirikiri, Lagos when his boat with 20 passengers capsized, killing the victims.
During resumed proceeding yesterday, Elebiju through his counsel, Samuel Ogungbamila informed 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. Ogungbamila prayed the court to discharge the defendant saying that the prosecution has failed to establish a prima facie case against his client
Elebiju is facing an eleven count charge before Justice Josephine Oyefeso of Lagos State High Court, Ikeja.
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.
The offences contravened Section 224 and punishable under Section 229 of the Criminal Law CH C17 Vol. 3 Law of Lagos State 2015. Elebiju pleaded not guilty.
The DPP closed its case against the defendant on February 4 after calling four witnesses, including survivors of the boat mishap.
Responding to the no case submission, the DPP told the court that the prosecution had also filed its response dated March 3, 202. 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 judge, Justice Oyefeso adjourned the matter till March 29 to rule on the no-case-submission of the defendant.