Justice Serifat Sonaike of the Lagos State High Court sitting at the Tafawa Balewa Square (TBS) on Friday, convicted and sentenced a Bus Rapid Transit (BRT) driver, Andrew Nice Ominikoron, to death by hanging for the murder of one of his passengers, Oluwabamise Ayanwole.
Justice Sonaike condemned Ominikoron to death in a judgment that lasted over two and a half hours, holding that the Lagos State government had been able to prove beyond all reasonable doubts, that the convict committed the crime.
Justice Sonaike declared, “For the death of Oluwabamise Ayanwola, you will be hanged by the neck until you are dead. May God have mercy upon you.”
Although there were no direct eyewitnesses to the incident, the court relied on a variety of circumstantial evidence, including testimonies from a pathologist and a dying declaration from the victim.
The judge concluded that this evidence pointed solely to the defendant as the last person to see Ayanwola before her death on February 26, 2022.
In addition to the murder charge, the court also convicted the defendant of raping a 29-year-old woman, Nneka Maryjane Ozezulu, on November 25, 2021, without her consent.
Justice Sonaike held that the convict had a documented history of raping female passengers on his BRT bus, supported by the testimonies of two victims and the chilling voice note sent by Bamise just before her death, indicating that she did not consent to sexual intercourse with him.
However, the court found that medical reports did not show evidence of penetration, nor was any semen found in the case of Bamise.
The court thus ruled that the charge of rape in her case was not substantiated; instead, the defendant was found guilty of the lesser offence of attempted rape, as established by the prosecution.
The court also acquitted the defendant on conspiracy charges, emphasising that the prosecution had not met the burden of proof for that accusation.
The state 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 convict, on November 25, 2021, raped a 29-year-old lady Nneka Maryjane Ozezulu in Lagos.
The DPP also claimed that the convict conspired with others now at large and forcefully had sexual intercourse with his then 22-year-old passenger, Oluwabamise Ayanwole, a fashion designer, without her consent and murdered her.
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.
