Tag: manslaughter

  • Lagos arraigns two doctors for alleged involuntary manslaughter

    Lagos arraigns two doctors for alleged involuntary manslaughter

    The Lagos State government yesterday arraigned two doctors, Michael Atiba and Michael Ugbeye, before an Ikeja High Court over alleged involuntary manslaughter of a patient, Ejiro Ugorobi.

    Atiba works with the Gbagada General Hospital and Ugbeye is a consultant with the National Orthopedic Hospital.

    The defendants pleaded not guilty.

    The State Counsel, Olalekan Azeez, asked for a trial date following their not guilty plea.

    Azeez told the court that the defendants unlawfully caused Ugorobi’s death by neglect application of anaesthetic before and after surgery. He submitted that the defendants allegedly committed the offence on October 21, 2023, about 12:30pm at No 20, Michael Adekoya Street, Ilupeju, Lagos.

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    The counsel to the first defendant told the court that he filed a bail application dated March 22, and urged the court to grant Atiba bail on liberal terms.

    “We are pleading that the first defendant be admitted to bail because he is a medical doctor and he is into the business of saving lives and not taking lives. He is not at any risk that he would not present himself for trial, I move in terms of the motion,” he said.

    The second defense counsel, A. O. Fayemi, moved the application for bail dated March 21 and urged the court to grant his client bail on self-recognition.

    Fayemi, in his 31 paragraph affidavit, said the second defendant had served the nation as a consultant orthopedic for over 30 years.

  • Retired colonel jailed 25 years

    An Ekiti State High Court has sentenced a former chairman of the state chapter of the Nigerian Legion, Col. Richard Ogunboyo (retd), to 25 years’ imprisonment for manslaughter.

    A one-count charge of murder was preferred against Ogunboyo, 81, who was accused of killing Felix Esan on December 15, 2016 in Iyin-Ekiti.

    But Justice Lekan Ogunmoye found Ogunboyo guilty of manslaughter.

    He said the evidence of murder against the convict could not be substantiated.

    The judge held that the sentence was also passed on the convict considering his age and the discretion of the court.

    Justice Ogunmoye sentenced the retired Army officer to 25 years’ imprisonment without an option of fine.

    Read also: Workers to Fed, state govts: our patience is running out

    The prosecution called seven witnesses, including the Investigating Police Officer (IPO) and a doctor from Ekiti State University Teaching Hospital (EKSUTH), who carried out a post-mortem on the deceased.

    Director of Public Prosecutions (DPP) Mr. Gbemiga Adaramola tendered pictures of the deceased taken on the scene of the crime, statements of the accused and witnesses and medical report as exhibits against the convict.

    Defence counsel Mr. Taiye Lawal called five witnesses, who gave evidence in favour of the convict.

    According to the statement of the IPO, Corporal Seyi Akomolafe and eyewitnesses who reported the incident at Igede-Ekiti Divisional Headquarters, Ogunboyo opened fire on the deceased while on duty as a member of a vigilance group.

    Ogunboyo accused the deceased of being rude and disrespectful to him when a search was conducted on his (Esan’s) home and shot him.

    The convict, according to the statement, threw the body of Esan into a deep pit along Awo Road in a bid to cover up the crime.

     

  • Driver accused of manslaughter

    A 42-year-old commercial driver, Hakeem Salau, was yesterday arraigned before an Ikeja Chief Magistrates’ Court for allegedly killing a pedestrian.

    He was charged with reckless driving and manslaughter.

    Prosecuting Sergeant Michael Unah said Salau, who lives at 9, Olumo Street, Dalemo in Ogun State, committed the offence on August 28 at Kola Bus Stop on Lagos-Abeokuta Expressway.

    Unah said the accused, who drove in a reckless manner, knocked down a 57-year-old woman.

    “The woman was crossing the road when the accused drove recklessly and knocked her down. She died on her way to the hospital,” the prosecutor said.

    The accused pleaded not guilty.

    Chief Magistrate A. A Fashola granted the accused N750,000 bail, with two sureties in the like sum.

    Fashola said the sureties should show evidence of tax payment.

    The case continues on November 26.

  • Driver charged with manslaughter

    The police yesterday arraigned a 45-year-old driver, Blessing Ihende, at an Ikeja Magistrates’ Court for allegedly causing the death of a 39-year-old man, Alloh Alloysius.

    Ihende, who lives at 9, Efalaye Street, Shasha in Lagos, is facing a two-count charge of reckless driving and manslaughter.

    Prosecuting Sergeant Michael Unah alleged that the accused recklessly drove a van marked AGL 909 XM in a dangerous manner and damaged a TVS tricycle (Keke Napep) marked EKY 883 QH, belonging to Godwin Idahosa.

    Unah said the accused committed the offences on May 21 around 6a. m. at Adeniyi Jones Avenue in Ikeja, Lagos.

    The accused caused the death of a pedestrian and injured three persons including the rider.

    “The accused left his lane and rammed into the tricycle, causing the death of Alloysius while the others were seriously injured,” he said.

    The accused pleaded not guilty.

    Chief Magistrate A. A. Fashola granted the accused N500,000 bail with two sureties in the like sum.

    The case continues on July 11.

     

  • Court remands driver for alleged manslaughter

    An Ikeja Chief Magistrates’ Court in Lagos State has ordered the remand of a 32-year-old truck driver, Kayode Oyebamiji, in prison custody for alleged reckless driving and causing the death of another driver.

    Chief Magistrate T.O. Shomade did not take the plea of the defendant, but ordered that he be remanded at Kirikiri prison.

    He adjourned the case till April 20 for bail application.

    Oyebamiji, who lives at 1, Billingsway Road, Oregun, Ikeja, is standing trial for alleged reckless driving and manslaughter.

    Prosecutor Raji Akeem told the court that the offence was committed on February 14 on Kudirat Abiola Way, Oregun, Ikeja.

    He said the defendant drove his truck, registered as FKJ 19XW, in a reckless and dangerous manner and hit a pick-up van at the roadside.

    “The driver, Dare Adeniran, who was inside his van when the accident occurred, hit his head on the door and blood gushed out.

    “He was taken to hospital, but he died a few weeks later,” Akeem said.

    The offence contravenes sections 27, 28 and 29 of the Road Traffic Law of Lagos State, 2012.

  • Accused arraigned for manslaughter

    A 70-year-OLD man, Muyideen Alani, was yesterday arraigned at an Ota Magistrates’ Court in Ogun State for alleged manslaughter.

    Alani, of no fixed address, is facing a two-count charge of reckless driving, which resulted in the death of Mohammed Lawan.

    The prosecutor, Abdulkareem Mustapha, told the court that the defendant committed the offences on February 27, about 8:10 am, at Tempo Bus Stop, Obasanjo Farm, Ota.

    He alleged that the defendant recklessly drove a tipper, marked KTU 703 XV, on the highway, resulting in the death of 28-year-old Lawan.

    Mustapha said the offences contravened sections 5 and 13 (1) of the Federal Highway Act Cap 135, Revised Laws of Ogun State, 2006.

    The defendant, however, pleaded not guilty.

    The Chief Magistrate, Mr. Matthew Akinyemi, granted him bail at N500,000 with two sureties.

    He said the sureties must live in the court’s jurisdiction and be employed.

    Akinyemi adjourned the case till May 3 for hearing.

  • Motorcyclist arraigned for killing boy, 19

    Motorcyclist arraigned for killing boy, 19

    A 32-year-old motorcyclist, Afolabi Olaniyi, has been arraigned at an Ado-Ekiti Chief Magistrates’ Court for alleged manslaughter.

    Olaniyi allegedly drove dangerously on the public highway and caused the death of a 19-year-old boy, Oluwafemi Samson, within the magisterial district on December 28.

    The prosecutor, Inspector Johnson Okunade, told the court that the accused, who rode a red Bajaj Boxer motorcycle with registration number (Ogun) JGB 349 VX, committed the offence at 02.30 pm in front of Captain Cook Eatery, Fajuyi area of Ado-Ekiti, Ekiti State capital, on that date.

    He alleged that the motorcyclist drove negligently and dangerously in a manner that is dangerous to the public causing the death of a 19-year-old boy.

    The prosecutor averred that the offences contravene Section 18(5) and 7(1) of the Road Traffic Laws (RTL), Law of Federation.

    Chief Magistrate Aderopo Adegboye, who gave the ruling on Friday, granted the accused bail for N200,000 with two sureties.

    He ordered that both sureties must be employed and that each of them must pay N100,000.

    Olaniyi, whose address was not provided at the court, pleaded not guilty to the two-count charge of driving dangerously to cause manslaughter and driving without a licence.

    The case was adjourned till February 14 for mention.

  • Herdsmen, Cattle Rearing, Manslaughter: The plight of the Nigerian child

    Herdsmen, Cattle Rearing, Manslaughter: The plight of the Nigerian child

    Section 44 of the 1999 Constitution of the Federal Republic of Nigeria explains that every citizen of Nigeria is entitled to move freely throughout Nigeria. However, in any case, where there is a restriction on the movement of a person, then there is a violation of the person’s right.

    It is also very true that the constitution allows the free movement of Nigerians, as persons, I do not think the constitution allows any freedom of movement rights on animals or cattle owned by Nigerians.

    Even at that, they have the constitutional right to move, to live and to carry out any legitimate activity in any part of the country, freely as guaranteed by the land. But what do we say of a movement that infringes another human right, the right to life?

    It is true that the constitution outlaws anyone or assemblage from disallowing anybody’s movement from one part of the nation to another. But where it encroaches on another right, what does the constitution say? Section 45 of the Nigerian Constitution clarifies that the freedom of movement of any citizen of the country can be delimited based on convinced conditions.

    It says if the movement of a citizen within the country threatens public or private safety, then that movement can be constitutionally abridged. This means that every Fulani herdsman, for instance, who rears his cattle on foot across communities, puts the lives and source of revenue of agriculturalists at risk.

    It is already a common knowledge that the Fulani herdsmen have become a major threat to the rights and freedom of others in Nigeria. These nomadic herdsmen have put so many communities in unparalleled destitution and have turned citizens into expatriates in their own fatherland.

    Thousands of Nigerians have lost their lives to the herdsmen and many more have been evacuated from their homes and communities for fear of death.

    I have read on the national dailies and seen broadcasted on national television channels about minor and major cases of deadly clashes between local agronomists and the cattle breeders, which often draws the attention of the security agents. Some of these Fulani herdsmen even invade the farmlands of these farmers, destroying their farm produce and possibly causing bloody clashes.

    Most of the clashes have resulted in bloodbaths, manslaughter, slayings, and several scenes of carnage. Sometimes, these cattle breeders go as far as forcefully having sexual intercourse with the wives or daughters of the farmers, and if there is any resistance from the women or their husbands or their sons, these herdsmen murder them in cold blood.

    I do not think that there is any community that has not had its own stake of these ferocious and brutal doings of the Fulani herdsmen. However, the annoyance of the locals is that the government has deafened their ears to this atrocious manifestation, leaving the peasants to their Providences.

    It is very sorrowful too, to mention that while the cries of grief as the episodes of manslaughter, theft, rape, damage, and abduction by the cattle herdsmen on citizens lingers, these cow rearers still confidently parade their cows on streets and farmlands, shore of compunction and fear.

    This is because nothing concrete has been done by the government to curb this defilement of the fundamental human right to life. This is a government that was voted into office to protect the lives and properties of her citizens.

    This insurgency by the herdsmen has become an eye of life in some areas in Nigeria, as inhabitants cannot sleep with their eyes closed anymore. Startling to me, is the fact that these herdsmen are well equipped, with fortified and sophisticated weapons for their operations. They use these weapons not for self-defense but to threaten and most times harm the innocent farmers in their farmlands.

    Reports have it that, since the invasion of about 12 Agatu comminutes in Benue State, where about 600 villagers or more were slaughtered; holding to an unacceptable reason that likens the lives of cattle with those of human beings, livelihood has been awful. Up till now, the nomads have not been held accountable nor have they been held responsible for their actions.

    Why would they not plot another massacre? The government and its security representatives have chosen to remain mute in the face of atrocities and calamities befalling the electorates.

    If something is not done permanently to check this aberrant act of killings and desertion of villages or towns by the surviving members of the communities, Nigeria might be disintegrated and is very much capable of setting Nigeria ablaze in relations of ethno-religious crisis; which is not the prayer of Nigerians at this trying time of our history.

    The locals are aggrieved knowing that the herdsmen, calculatedly, let their cattle trespass on cultivated lands and refuse to give recompense to agriculturalists whose crops have been destroyed. Should they be grieved? Yes, they should. It can be very hurting to see your labor go down the drains by people who do not respect your right to life. But should they retaliate? No, they shouldn’t. Rather the government should respond very quickly to sabotage the growing animosity within the people.

    I can remember gaudily, in the past, people used to live with the herdsmen and even purchase their products. They were the group of people one would ordinarily hire for a farm job, and at the end of the work, a satisfactory outcome is projected. But I do not think anyone would want to employ them for anything again, knowing that, in recent times, the Fulani herdsmen have turned out to be a group that everyone gets frightened of across the country.

    The reason it is nerve-wracking is primarily that it is inviting an imminent hatred for this group of people; which definitely is not good for nation building and national unity. The government needs to act fast.

    I think there should be a permanent pasture area where these Fulani herdsmen can feed their cows and when the piece of land no longer provides food for the cows, they can be allowed to carry the cows in a lorry to another piece of land; owned by the government possibly.

    We need functional cattle estates in every state, if possible. This will reduce the daily parading of cows on our streets and major roads; then life threatening occasions can be controlled.

    There are even a lot of diseases in the society we live in. Parading of cows about can even expose cattle to the whims of ailments, viruses, and natural diseases in the communities. No one knows what the cows eat from these grazing forests and lands.

    There was an information that went viral, some time ago, in the media, that these Fulani nomads sexually commit themselves to these cows; with the intention of infecting them with HIV/AIDS and other sexually transmitted diseases so as to transfer the viral diseases to those who consume the extract from their cows. How despicable this could turn out to be. If the government provides a place for them, I am convinced that the death rate of humans; which might come from the consumption of unhealthy and contaminated cattle parts, would be reduced.

    I am also very sure that our laws prohibit civilian citizens to own unauthorized armaments of any kind. But it has been noticed that these nomads, with unfathomable impunity and liberty, flaunt around dangerous and sophisticated arms; generating strains and tensions on harmless and vulnerable Nigerian farmers. I think since private citizens are not allowed to handle such arms, the nomads too should not be allowed. If a member of the public can be penalized for owning any arms, then the nomads too should be checked, at least no Nigerian is above the law; unless if that has been reformed.

    It is very true that the Fulani herdsmen are vital members of Nigeria, as they play crucial roles in the provision of meats for human consumption. When you go to the market places today, majority of the meat sellers are Fulani men. But there is a great need for them to realize the fact that their present actions of taking the lives of people is totally unmanageable and is threatening the unity of Nigeria as a nation.

    The citizens of Nigeria are complaining, as this very act is becoming unbearable to all and sundry. They need to collaborate with the government and end this unnecessary killings, manslaughter and assassinations in our communities.

  • Manslaughter: Doctors defend UK-based paediatrician convicted for boy’s death

    Hundreds of doctors in the United Kingdom (UK) have opposed a bid to strike off a paediatrician, Dr. Hadiza Bawa-Garba, who was convicted of manslaughter of a six-year-old boy.

    Bawa-Garba (38) of Leicester was accused of medical failings in the death of Jack Adcock.

    The boy was admitted to Leicester Royal Infirmary in the morning of February 18, 2011 with severe vomiting, diarrhoea and breathing difficulties.

    During the trial, the jury heard how Bawa-Garba, an experienced paediatrician, had mistaken Jack for another patient she had treated that day marked “do not resuscitate” (DNR).

    She was also said to have missed the signs of sepsis, a potentially life-threatening complication of an infection.

    Sepsis is said to occur when chemicals released into the bloodstream to fight the infection trigger inflammatory responses throughout the body. This inflammation can trigger a cascade of changes that can damage multiple organ systems, causing them to fail.

    Bawa-Garba was said to have stopped life-saving treatment on Adcock, but treatment was said to have been restarted when a junior doctor pointed out her mistake.

    When a crash team tried to resuscitate the boy, Bawa-Garba told them to stop without looking at his notes, mistaking him for another patient.

    Although it was reported that this did not contribute to Jack’s death, the judge in Dr. Bawa-Garba’s trial said the “extraordinary” error illustrated how bad her care was. She was given a two-year suspended sentence in 2015.

    She was found guilty by a 10-2 majority verdict after the jury deliberated for nearly 25 hours.

    Sister Theresa Taylor (55) of Leicester was found not guilty of the same charge.

    The boy’s parents Nicola and Victor Adcock rejoiced as Bawa-Garba was found guilty, as reported by the Daily Mail.

    Adcock’s mother, Nicola, said: “Our son Jack was a lively and energetic little boy. The room lit up when he walked in with his cheeky smile and his cheeky ways. He drew people to him like a magnet.

    “Our life now is empty, painful and will never be the same again. To say that we miss him does not do justice to our strength of feeling – Jack was an amazing son and one in a million.

    “We have always believed that someone needed to be held accountable for what happened to our son. The guilty verdicts will bring us some closure but the void that has been left in our lives will remain.”

    However, over 700 doctors have come out in Bawa-Garba’s defence, protesting against attempts to strike her off, according to The Times.

    In a letter to the newspaper, the doctors claim the bid by the General Medical Council (GMC) to stop Bawa-Garba from practicing ignores the part short-staffing played in her mistakes.

    They claim it “promotes a climate of defensiveness”, adding that doctors will be scared to admit to errors and patients will not be safer.

    Earlier this year, an independent Medical Practitioners Tribunal Service panel decided Bawa-Garba should not be struck off, citing “the context of wider failures”, such as a lack of other doctors and nurses and delayed test results.

    Instead, she was suspended for at least a year, with the panel saying her mistakes were not “irremediable”.

    The GMC is appealing, saying that public trust in the profession will be harmed if a doctor can continue after a manslaughter conviction. The High Court will hear the case on Thursday.

    However, leading doctors, including Professor Sir Iain Chalmers, a pioneer of evidence-based medicine, and Kim Holt, who blew the whistle over the care of Baby P, tell The Times: “We know of no evidence that terminating Dr. Bawa-Garba’s medical career will make any patient safer. On the contrary, it promotes a climate of defensiveness”.

    David Nicholl, the consultant who organised the letter, said the case had put patient safety back 20 years and warned of a “chilling effect” that would make doctors hide mistakes rather than learn from them.

  • Woman jailed seven years for manslaughter

    Justice Munta Abimbola of Oyo State High Court, Ring Road, Ibadan yesterday convicted a woman, Mrs. Yewande Oyediran, of manslaughter.

    She was sentenced to seven years’ imprisonment for killing her husband.

    The term is to run from the day of her arrest.

    The court held that although evidence showed she was responsible for her husband’s death, none of the witnesses established the intent of the accused or described seeing her commit the crime by stabbing the deceased.

    It, however, noted that the killing was done without intent, going by the fact that the parties were married at the time of the incident.

    The accused was alleged to have stabbed her husband, Lowo Oyediran, in the neck on February 2, 2016 at their 30, Adeniyi Layout, Abidi-odan, Akobo, Ibadan home, following a misunderstanding at night.

    Yewande, an official of the Department of Public Prosecution (DPP), Ministry of Justice, Oyo State, had been on trial since February last year.

    She was arraigned on a one- count charge of killing her man with a knife.

    The offence was said to be contrary to Section 316 and punishable under Section 319 of the laws of Oyo State.

    The accused pleaded not guilty when the trial began.