CRIMINAL PROSECUTION 30/03/2023
Whitney’s Death: Court Grants N30m Bail to Chrisland Principal, Others
Justice Oyindamola Ogala of a Lagos High Court sitting in Ikeja on Thursday granted bail to four staff members of Chrisland School, Ikeja, Lagos, that were arraigned before the court by the Lagos State Government, on allegations of involuntary manslaughter.
They were granted bail after being arraigned over alleged involvement in the death of a 12-year-old student of the school, Adeniran Omodesola Whitney, who died during the school’s Inter-House Sports competition.
The defendants; Ademoye Adewale, Kuku Fatai, Belinda Amao, and Nwatu Victoria and the school were arraigned on a two-count charge bordering on involuntary manslaughter, reckless and negligent acts.
According to the charge prepared by the Director of Public Prosecutions, DPP, Dr Jide Martins, on February 9, 2023, at about 1 pm, at the Agege Sports Stadium, Agege, Lagos, in the Ikeja Judicial Division, the defendants allegedly killed Whitney by acting recklessly and negligently that endangered her life.
While the defendants were being arraigned, the Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, told the court that the state had filed two count charges against the defendants, urging the court to take their plea.
This made Justice Ogala direct that the charge as made by the LASG be read to the defendants, who pleaded not guilty to the same.
After the charge was read and their pleas were taken, the Attorney-General notified the trial judge that the state had lined up seventeen witnesses, and as such will be praying for a date for the trial to commence.
Meanwhile, the applications for bail instituted by the lawyers representing the defendants, Richard Oma SAN, Kayode Enitan SAN, Demola Animashaun and Bimpe Ajetunmobi were not opposed by the prosecution.
Chief Ayorinde SAN who represented Chrisland (5th defendant) alongside Mr. Yele Delano SAN, urged the court to invoke Section 357 of ACJL that the Court should enter a Not Guilty plea for Chrisland being a corporate body and the court obliged.
In granting bail to the defendants, Justice Ogala held that the discretion to grant bail is that of the court.
She, therefore, granted bail to the 1st and 2nd defendants in the sum of N10m each with two responsible sureties in like sum.
The sureties, according to the judge, must produce before the court their financial status and two years’ evidence of tax payment to the LASG.
Justice Ogala equally directed that the sureties must be resident within the jurisdiction of the court and that the defendants should submit their international passports to the Chief Registrar, CR, of the court.
The judge also added that the financial status of the sureties must be verified by the court.
For the 3rd and 4th defendants, they were granted bail in the sum of N20m each, with two responsible sureties in the sums of N10m.
Justice Ogala who declared that the sureties must produce their financial status and two years’ evidence of tax payment to the LASG, also ordered that the sureties must be resident within the jurisdiction of the court and that the defendants should submit their international passports to the Chief Registrar, CR, of the court.
The financial status of the sureties must be verified by the court, according to the judge.
The case has been adjourned until May 25, June 1, 8, and 15 for trial to begin.