By Ade Oyeyemi
A 35-year-old driver, Idowu Ayoade, has been arraigned before a Chief Magistrate’s Court in Akure, Ondo State, over the death of a Vehicle Inspection Officer, Sesan Adediji, in an alleged road accident.
Ayoade is facing three counts bordering on reckless driving and unlawful killing under the Ondo State Road Traffic Law and the Criminal Code.
The police prosecutor, Nelson Akintimehin, told the court that the defendant allegedly drove a white mini-truck with registration number AGL 092 XX recklessly along Hospital Road, Akure, on October 9, 2020, at about 9 am. The alleged incident resulted in the death of Adediji, who was attached to the state’s VIO office and reportedly on official duty.
The prosecutor said the alleged offences contravened Sections 18(5) and 18(1) of the Ondo State Road Traffic Law, as well as Section 225 of the state’s Criminal Code. He urged the court to remand the defendant in a correctional facility pending advice from the Director of Public Prosecutions.
However, defence counsel, O.F. Umaru, challenged counts two and three, arguing that the allegations created uncertainty over the offences for which his client could be convicted. He maintained that the charges relating to the death appeared duplicative and questioned the use of the word “wilfully” in the unlawful-killing allegation.
Umaru cited Section 24 of the Ondo State Interpretation Law, arguing that the defendant should not face multiple punishments for the same offence. He described the additional count as an attempt to expose his client to double jeopardy and urged the court to strike it out. He also told the court that settlement discussions were ongoing and that the deceased’s family was not opposed to them.
In response, Akintimehin argued that the defendant could be charged under both traffic and criminal laws, adding that the question of conviction should be determined at the appropriate stage. Citing Section 317 of the Criminal Code, he maintained that the manslaughter allegation was serious and could attract life imprisonment, beyond the sentencing jurisdiction of the magistrate’s court. He offered to present the police case file, the VIO report and other relevant documents to support the prosecution’s position.
In his ruling, Chief Magistrate Sunday Adedapo held that the prosecution had the right to prove the charges filed against the defendant but said the defence had not established its allegation of malicious intent. The magistrate added that the matter was not before the court for trial and that the issue raised was outside its competence at that stage.
The defence subsequently sought time to file a counter-affidavit in response to the prosecution’s remand application. The case was adjourned until October 26, 2026, for the filing of the counter-affidavit.
