A Lagos State High Court sitting in the Tafawa Balewa Square on the island has reserved judgment in the case of the Bus Rapid Transport (BRT) driver, Andrew Ominikoron who is standing trial for the alleged rape and murder of his passenger, Bamise Ayanwola.
Justice Sherifat Sonaike fixed May 2, 2025, to deliver judgment after the adoption of the final written addresses of both the defence and prosecuting counsel.
The defendant, Andrew Nice Ominikoron, aged 47 was arraigned in March 2022, on a five-count charge of alleged rape, conspiracy, felony, sexual assault, and murder preferred against him by the Lagos state government.
The prosecution told the court that Ominikoron conspired with others now at large to rape and murder the fashion designer, Bamise Ayanwola, aged 22.
It said that the defendant had sexual intercourse with Ayanwola, without her consent, and murdered her, at about 7 pm, between Lekki Ajah expressway and Carter Bridge, on February 26, 2022.
The prosecution alleged that the defendant and others now at large on February 26, 2022, unlawfully killed Ayanwola by throwing her out of his moving BRT between Lekki-Ajah Expressway and Cater Bridge.
The prosecution also said that the defendant on November 25, 2021, allegedly raped a 29-year-old lady Maryjane Odezulu, without her consent.
The incident took place at about 8pm, at Lekki- Ajah Conservation Centre, Lekki- Ajah Expressway Lagos.
According to the prosecutor, the offenses committed are contrary to and punishable under Sections 411,223,260 and 165 of the criminal law of Lagos State 2015.
However, the 47-year-old defendant pleaded not guilty to the charge preferred against him.
The defendant who opened his defense on Oct. 17th, 2024 told the court that he didn’t rape or kill Miss Ayanwola, as accused.
He said it was three male passengers who boarded his bus after official hours that raped her and threw her off the vehicle.
The defense counsel, Abayomi Omotubora, while adopting his final written address, said the prosecution failed to place material evidence before the court to establish the guilt of the defendant.
He said Lagos State had only proved that Miss Ayanwola died, but failed to prove that it was the specific act of the defendant that led to her death.
“Someone else other than the defendant raped and threw her out of the bus, resulting in blunt force trauma which led to her death,” he said.
The counsel also submitted that from the evidence of prosecution witnesses 1-9, their testimonies did not indicate which particular act of the defendant, Andrew Nice, caused the death of the deceased.
He added that the prosecution had not established anything except mere suspicion and a doubtful gesture against the defendant.
Concerning the other counts of rape and attempted rape of two women (names withheld) also made against the defendant, Omotubora said the evidence of the prosecution is nothing but a concoction of falsehood and hearsay, which is inadmissible and lacking corroboration to secure a conviction.
He wondered why the prosecution did not present the other alleged victims of attempted rape to testify.
He also pointed out that the voice note Bamise reportedly sent to her friend did not indicate the cause of her death, as the prosecuting counsel also failed to invite the friend who received the voice note to testify.
In his arguments, the Director of the Directorate of Public Prosecutions (DPP), Dr. Babajide Martins, said that even though corroboration is not needed to secure a rape conviction, Lagos State had tendered the needed evidence including the clothes of one of the victims and the evidence of the police officers who took the statement of the other rape victims.
He urged the court to consider the testimonies of PW 3,7 & 8 and find the defendant guilty of the offenses as charged.
The prosecution also submitted that the defendant’s evidence established that he was the last person seen with the deceased before her death and that rather than filing a complaint at the nearest police station or his office to exonerate himself, he fled to Osoosa, Ogun State, where officials of the department of state security services later apprehended him.
On the dying declaration of the deceased, he cited section 34 of the Evidence Act and urged the court to ascribe probative value to the voice note the deceased made in the bus which she shared with her friend, where she expressed concern for her safety that night.
After listening to the arguments, Justice Sonaike fixed May 2 to deliver judgment.
