The Head of Operation, Lagos State Waterways Authority, LASWA, Mr. Ibrahim Famuyiwa has told a Lagos High Court sitting in Ikeja, that the capsized boat which was responsible for the death of 12 people operates from an illegal jetty.
The first prosecution witness, Famuyiwa told court in his testimony in an ongoing trial of a commercial boat helmsman, Happiness Elebiju, over alleged involuntary manslaughter before Justice Josephine Oyefeso.
It would be recalled that the victims was said to have drowned after the wave of a ship sailing along the Kirikiri waterfront made the boat, which engine had been switched off during an argument between Elebiju and his passengers over the fare, to capsize.
It was 20 passengers that boarded the boat from Kirikiri to Badagry, but while on the way, the passengers disagreed with Elebiju when he indicated that the fare was N1,500, and they insisted on paying N1,200, but the helmsman allegedly switched off the engine of the boat by the waterfront because of the N300 difference.
When the ship sailed along, the wave made the boat to drift towards a stationary barge, where it capsized and 12 passengers drowned.
However, led- in-evidence by the state counsel, the Director of Public Prosecution (DPP), Mrs Olayinka Adeyemi, the LASWA official informed the court that the jetty where the boat operates lack state presence, been an illegal jetty.
Famuyiwa told court that approved jetty have safety measures across the state where passengers will be ensure that they wear safety jacket before boarding to sail and coordinating the passenger capacity of every boat to avert accident.
He pointed out that the operator and captain of the capsized boat runs vow of the law for operating against the state practice direction.
The witness was therefore cross examined by the defense counsel, Ganiyu Oyarevuegbe, he stated that since the boat was not registered, LASWA would not be able to ascertain the operator competence to run the boat.
Famuyiwa added that the survival were rescued by the first responders.
Another witness, the Water Guard Supervisor of LASWA, Mr. Adisa Ahmed told the court that for every approved jetty in the state, there were presence of water guard personnel to ensure safety.
He told court the role LASWA played in the accident. Ahmed said that he received a distress call while on patrol on sea and when they got to the scene, the first responders, comprises of Marine Police and Fishermen have commence rescue operation.
He stated that the agency thereafter interviewed the first responders on the cause of the accident to avert reoccurrence.
Earlier during proceedings, when the matter was called, Adeyemi informed the court of an amended charges against the defendant, prayed the court for his plea to be taken.
Justice Oyefeso therefore granted the prayer, the defendant, Elebiju was rearraigned on 11 counts charge bordering on involuntary manslaughter.
His offence contrary to Section 224 and punishable under section 229 of the Criminal Law Ch C17, Vol 3, Laws of Lagos State 2015.
Elebiju pleaded not guilty to all the counts charge.
