The Lagos State High Court, sitting at the Tafawa Balewa Square (TBS) annex, has reserved judgment in the trial of a Bus Rapid Transport (BRT) driver, Andrew Nice Ominikoron, who is accused of killing a fashion designer, Oluwabamise Ayanwola, for May 2.
Andrew Nice is facing four counts of alleged rape, conspiracy with others at large and the murder of the twenty-two year old on the Lekki-Ajah Conservation expressway on February 26, 2022.
Before adjourning for judgment, The judge, Sherifat Sonaike, heard final addresses of both counsel in the matter.
The defence counsel, Abayomi Omotubora, while adopting his written address, said the prosecution has woefully failed to place any material evidence to establish the Ingredients of the offences.
He said the state has only proved that Miss. Ayanwola died, but has failed in Proving that it was the specific act of the defendant that led to her death.
According to him, 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 added that the prosecution hasn’t 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) previously, the defence counsel 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.
In his adoption, the director of the Directorate of Public Prosecutions, Babajide Martins said even though corroboration isn’t needed to secure a rape conviction, the state has tendered the needed evidence including the clothes of one of the victims and that evidence of the police officers who took the statement of the other victim isn’t hearsay.
He also urged the court to find Andrew Nice guilty of murder, as he was the last person seen with the deceased.
Mr Martins argued that the defendant fled to Ososa, Ogun State, where he was arrested rather than file a complaint at the police station or at his office to prove his innocence that it was other occupants of the bus that raped the deceased and pushed her out of the bus, as claimed.
Also, citing section 34 of the Evidence act, the prosecutor 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 hearing both counsel, justice Sonaike fixed May 2 to deliver judgement.
