Wasiu Adeleke, the driver of the container-laden truck which fell off the Ojuelegba Flyover in Lagos and killed three people on September 2, 2015, is to be tried for manslaughter, a court has ruled.
This followed advice from the State Directorate of Public Prosecutions to an Ebute-Meta Chief Magistrates’ Court, Lagos, recommending the driver for a manslaughter charge.
The magistrate, Miss Abimbola Awogboro, who announced the receipt of the DPP’s advice at the resumed hearing of the case on Wednesday, directed that the charge should be filed at a High Court.
The advice read in part, “Although the suspect did not intend the death of the deceased, they died as a result of the negligent act of the accused.
“He did not have regard to the nature and condition of the truck before taking it to the highway as he must have discovered the fault before the accident.
“Furthermore, the truck was laden with goods weighing 228.13kg more than the recommended 22 tonnage capacity, causing heavy strain on the chasis of the truck and thus leading to the accident.
“In view of the foregoing, Adeleke is to be prosecuted for the offence of manslaughter contrary to Section 227 of the Criminal Law of Lagos State, 2011.”
The News Agency of Nigeria reports that, Adeleke, 31, was arraigned on five counts bordering on gross negligence and reckless disregard for human life, reckless and dangerous driving, as well as driving on highway without a valid driving licence.
The driver is also being tried for driving without valid road worthiness certificate and vehicle licence.
According to the prosecutor, Inspector Chinalu Uwadiowe, the offences were committed on Septembr 2, 2015, on Ojuelegba Bridge.
He said Adeleke drove a truck with number plate, EPE 46 XK, carrying a 20- foot container loaded with iron doors and white cement.
He said, “The container fell, causing the deaths of Abubakar Sule, 52; Umaru Sulaiman, 46; and Kamilu Umaru, 28.
“The truck also damaged a Toyota Corolla marked, LSD 532 CN, valued at N2m, belonging to Sumaila Marksman, and a Nissan Sunny with number plate, SHE 750 LND, valued at N600,000, belonging to Mr. Joseph Ajayi.’’
The offences, according to Uwadione, contravene sections 222 (2) and 249 (1), (a) of the Criminal Law of Lagos State, 2011.
The defendant was also accused of violating sections 10, 11, 12, 19, and 20 of the Lagos State Road Traffic Law of 2012.
The accused had at his arraignment pleaded not guilty to all the charges
Source: Punchng.com