IN THE CHIEF MAGISTRATE COURT OF LAGOS STATE
HOLDEN AT COURT NO.1 –IGBOSERE ROAD, LAGOS
TODAY FRIDAY THE 17TH DAY OF AUGUST, 2007
BEFORE HIS WORSHIP: MR. O. A. ISAAC –CMI
CHARGE NO. A/10A/2006
COMMISSIONER OF POLICE
The accused person was arraigned before this court on the 6th March, 2006 on a three count charge of dangerous driving on a public highway; dangerous driving causing death of Dr. Giwa Suraj and causing damage to one Honda Accord Saloon Car; all contrary to the provisions of Section 18, R.T.A.; Section 27 (1) R.T. Act and Section 28 (1) R.T.A respectively.
To the three counts the accused person pleaded NOT GUILTY.
By virtue of a Legal Advice dated 14th March, 2006, and on the 24th April, 2006, the earlier charge was withdrawn and a new Charge A/25/2006 was brought against the accused person as follows:-
Count 1: That Ibinabo Fiberesima ‘F’ on the 26th February, 2006 at about 22.30 hrs along Lagos-Epe Expressway in the Lagos Magisterial District being the driver of a Toyota Jeep with Registration No. DW 600 APP drove same on the public highway in a dangerous and reckless manner and caused the death of Dr. Giwa Suraj ‘M’ thereby committed an offence contrary to Section 28 of the Traffic Law Cap RI0 Vol.7, Laws of Lagos State 2003.
Count 2: That you Ibinabo Fiberesima ‘F’ on or about the 26th day of February, 2006, at about 22.30 hours along Lagos – Epe Expressway in the Lagos Magisterial District being the driver of a Toyota Jeep with Registration No. DW 600 APP drove same on the public highway in a reckless and negligent manner having regard to all the circumstances of the case including the nature and the condition of the road and thereby committed an offence contrary to and punishable under Section 29 of the Road Traffic Law Cap RI0, Vol.7 Laws of Lagos State 2003.
The accused person pleaded NOT GUILTY to the two counts and in the process of trial the prosecution called 6 witnesses while the accused person gave evidence on oath in defence.
The summary of the case for the prosecution is that on the 26/02/06 the accused person was the driver in charge of a Lexus Jeep Vehicle with Registration No. DW 600 APP and that she drove the vehicle reckless dangerous and reckless (sic) manner by leaving her own side of the road on the Lagos – Epe Expressway climbing the kerb dividing the road, goes to the other side of the Epe – Lagos Expressway and hit a Honda Accord Saloon Car driven by one Dr. Giwa Suraj who was with two other occupants, PW1 and PW3, and as a result of the impact the said Dr. Giwa Suraj died before being taken to hospital.
In her defence, the accused person admitted being the driver of the Lexus Jeep. She also admitted crossing over from her own side of the road to the other side of the road and hit the vehicle driven by Dr. Giwa Suraj the victim of the accident. She stated that her vehicle crossed over to the other side of the road when she swerved to avoid a red car which was pursuing her, overtook her and stopped suddenly in front of her.
The prosecution in the course of the trial called the following as witness:-
PW1: Rasheed Kayode Giwa who described himself as the brother of the deceased and was in the car with the deceased at the time of the accident.
PW2: Nofiu Taoreed, a police constable attached to the Maroko Police Station who is the Investigating Police Officer.
PW3: Yisa Omotayo Lambe who described himself as a childhood friend of the deceased who was also in the car when the accident occurred.
PW4: Babatunde Balogun, a Police Office attached to the Accident Vehicle Inspection Unit who inspected the accident vehicles i.e. the Jeep and the Honda.
PW5: Aderemi Musiliu Fashanu, a friend of the deceased who witness (sic) the event immediately at the scene of accident.
PW6: Dr. Taiwo Fadeyi, a Medical Practitioner, a friend of the deceased from whose house the deceased left before the accident. He testified that he examined the deceased at the scene of accident and confirmed him dead.
The prosecution also tendered the following Exhibits viz:-
Exhibit ‘A’ which is headed “Rough Sketch of Fatal Motor Accident along Lagos/Epe Expressway, Lagos” dated 6/9/2006.
Exhibit ‘B’, B1 are two photographs of the Honda Car driven by the deceased, Dr. Giwa Suraj.
Exhibit ‘C’ – the Statement of the accused person dated 1/3/06.
Exhibit ‘O’ – the Statement of Yisa Omotayo Lambe. PW3.
Exhibit ‘E’ – Accident Vehicle Inspection Report of the Lexus Jeep Registration number DW 600 APP dated 28/2/06.
Exhibit ‘F’ – the Accident Vehicle Inspection Report of the Honda Accord LX Saloon Car – BX 533 APP dated 28/2/06.
Exhibit ‘G’ – the Proof of Ownership of the vehicle Toyota Haurier Jeep registered in the name of Daniel Wilson.
At the close of evidence for the prosecution and by the accused person, written addresses were filed by both sides.
TO BE CONTINUED.