Bamise: BRT driver's trial delayed again due to counsel's ill health

The ongoing trial of Bus Rapid Transport (BRT) driver, Andrew Nice Ominikoron, who is alleged to have killed 22-year-old tailor, Oluwabamise Ayanwola, suffered another setback due to the defendant’s counsel’s ill health.

The trial, presided over by Justice Sherifat Sonaike of a Lagos High Court, was fixed for today for the continuation of proceedings. However, the defendant’s counsel, Mr. Abayomi Omotubora, was absent and requested another adjournment on the grounds of ill health, adding that his inability to bring the two witnesses to court was due to his illness.

Omotubora was absent but represented by P.O. Idogun, who informed the court that the matter had been adjourned to today for the continuation of the trial—a date chosen by Omotubora in the last hearing, where he had insisted, “even if the heavens fall, he must be in court today.”

Idogun told the court that he would not be able to proceed due to the lead counsel’s ill health.

“The lead counsel called me this morning at about 8 o’clock, informing me that he is critically ill and will not be able to make it to court, nor will he be able to bring the two witnesses he was supposed to present. He said that due to his illness, he could not reach them,” Idogun explained.

Idogun apologised for the situation, stating that he would have preferred to proceed if the witnesses had been present, and he subsequently sought an adjournment.

In response, the prosecution counsel, T.E. Onilado, objected to the adjournment, citing numerous previous adjournments caused by the defense counsel.

Onilado stated that the prosecution office had received numerous queries regarding the delays, including from the Governor of Lagos State and his Deputy.

She added that Omotubora had promised that even if the heavens fell, he would be available on the next adjournment date, which was today. Onilado therefore requested the court to close the defendant’s case and adjourn for final written addresses.

Idogun appealed to the court, requesting a final adjournment in the interest of justice. He noted that since the defense’s lead counsel was supposed to bring the witnesses but was absent due to illness, this would be the last opportunity for adjournment.

After hearing the submissions, Justice Sonaike stated, “Having gone through the court records, I have found that the prosecution counsel closed their case on October 20, 2023, and since then, there have been 10 adjournments. During this period, the court has allowed the defense to prove their case and exercise their rights under the law.

“The defense counsel has consistently come up with one excuse or another to delay the matter. This case has suffered setbacks due to the actions of the defense counsel. The submission from the defense is just an excuse to delay the matter further. If the counsel intended to bring the witnesses, they would have been present in court, given that he fell ill only today.”

The judge refused the adjournment and closed the defendant’s case. The judge further remarked that although Omotubora had made a promise during the last hearing to appear in court or send someone to continue the case, he had sent a lawyer familiar with the case to continue the proceedings in his absence.

Justice Sonaike therefore ordered the parties to file their written addresses. Omotubora is to file his written address within 21 days, while the prosecution is also directed to reply on points of law within 21 days, by or before January 29, 2025.

She subsequently adjourned the case to January 30, 2025, for the adoption of their written addresses.

It would be recalled that November 23, 2024, marked 1000 days since the death of Ayanwola, the 22-year-old fashion designer, whose posthumous birthday is today, November 30, 2024.

The prosecution had alleged that the defendant had sexual intercourse with Ayanwola without her consent and murdered her at about 7 p.m. on February 26, 2022, between Lekki-Ajah Expressway and Carter Bridge.

The defendant and others now at large, on February 26, 2022, unlawfully killed Ayanwola by throwing her out of a moving bus between Lekki-Ajah Expressway and Carter Bridge.

The prosecution also stated that the defendant allegedly raped a 29-year-old woman, Maryjane Odezulu, without her consent on November 25, 2021, at about 8 p.m. at Lekki-Ajah Conservation Centre, Lekki-Ajah Expressway, Lagos.

His offenses 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, Ominikoron, has pleaded not guilty to the charges preferred against him by the Lagos State government.