Justice Serifat Sonaike of the Lagos State High Court sitting at the Tafawa Balewa Square (TBS) on Tuesday fixed February 8 for the hearing of the ‘No Case Submission’ application filed by the Bus Rapid Transit (BRT) driver, Andrew Ominnikoron, who is facing trial for the death of one of his passengers, Oluwabamise Ayanwole.
Justice Sonaike, who had earlier fixed yesterday for the adoption of the application, was forced to adjourn the case following the failure of the defence counsel, Abayomi Omotubora, to serve the prosecution a copy of the application.
The state, through its Director of Public Prosecutions (DPP) Jide Martins, had arraigned Omininikoron before the court on a four-count charge of conspiracy, murder and two counts of rape.
The prosecution had informed the court that the defendant, on November 25, 2021, allegedly raped a 29-year-old lady Nneka Maryjane Ozezulu in Lagos.
The lawyer had alleged that the incident took place at about 7 pm at Lekki- Ajah Conservation Centre Lekki Ajah Expressway Lagos.
The DPP also claimed that Ominnikoron conspired with others now at large and forcefully had sexual intercourse with his 22-year-old passenger, Oluwabamise Ayanwole, a fashion designer, without her consent and murdered her.
Martins said the incident occurred on February 25, 2022, at about 8 pm, at Lekki – Ajah Conservation Expressway and Cater Bridge.
Martins further told the court that the defendant and others still at large, on February 26, 2022, unlawfully killed one Oluwabamise Ayanwole by throwing her out of a moving bus at Cater Bridge after having sexual intercourse with her without her consent.
He maintained that the offences are contrary to and punishable under sections 411, 223, 260 and 165 of the criminal law of Lagos State 2015.
The defendant, however, pleaded not guilty to the charge.
When the case was called yesterday, the prosecutor, Mohammed Olateju, told the court that Omotubora is yet to serve the prosecuting team with a copy of the No Case Submission application.
In his response, Omotubora stated that he had not completed the application filing, “We need a little time to meet filing. All that is left to be done is just scanning, which will be done as soon as possible.
After listening to the lawyers, Justice Sonaike adjourned the matter to February 8, 2024, for adoption of the application.
