BRT driver opens defence, denies raping, killing Bamise

Bus Rapid Transit (BRT) driver Andrew Ominikoron, standing trial for allegedly raping and murdering a 22-year-old fashion designer, Oluwabamise Ayanwole, opened his defence on Thursday.

Ominikoron, who testified in his defence before the Lagos State High Court sitting at Tafawa Balewa Square (TBS), told the court that he neither raped nor killed Ayanwole.

The defence witness narrated to Justice Sherifat Sonaike that he joined the BRT as a bus captain in September 2021. On February 26, 2022, he was on an afternoon shift, which he resumed by 1 p.m., with his route running from Oshodi to Ajah.

He explained that after completing a round trip, he began a second trip back to Ajah. By then, it was already around 7 to 8 p.m., so he decided not to continue working. Instead, he picked up passengers illegally on his way back to Oshodi, a practice he and his colleagues refer to as “Korope.”

The defendant is facing charges of rape, conspiracy, felony, sexual assault, and murder, brought against him by the Lagos State Government.

According to the charges, the incident occurred on February 26, 2022, around 7 p.m., near the Lekki-Ajah Conservation Centre, along the Lekki-Ajah Expressway in Lagos. The prosecution alleges that Ominikoron forcibly had sexual intercourse with Oluwabamise Ayanwole before killing her.

These offences contravene Sections 411, 223, 260, and 165 of the Criminal Law of Lagos State, 2015. The defendant pleaded not guilty to the charges.

At the last hearing on June 24, 2024, the trial was stalled due to the defendant’s alleged leg injury, sustained in prison. An official from the Ikoyi Correctional Centre informed the court that Ominikoron had fallen in the bathroom on June 23, 2024, injuring his left leg, which caused his absence in court.

However, at the resumed hearing on Thursday, the Director of Public Prosecution (DPP), Dr. Babajide Martins, informed the court that the case had been stalled since November 2023. He stressed that the purpose of the day’s proceedings was for the defence to open its case.

Led by his counsel, Abayomi Omotubora, Ominikoron testified that he picked the late Bamise at Chevron, and later picked three male passengers at Agungi.

He explained that one of the male passengers approached him, and he initially thought the man wanted to pay him. Instead, the passenger threw something at his head and brandished a gun, demanding his cooperation.

Ominikoron further explained that when they picked up passengers illegally, they typically instructed them to sit at the back of the bus to avoid being seen by BRT service monitors, who could sanction the drivers.

He said the man with the gun ordered him to change his route and put the vehicle in neutral. The defendant added that the interior light of the bus was on, though dimmed to avoid drawing attention from outside.

“The light inside was sufficient for passengers to see, but it wasn’t bright enough for people outside to see the bus,” he said.

Omotubora played an audio recording of Bamise’s voice notes in open court. He asked Ominikoron if he knew she was recording or sending voice notes, but the defendant said he didn’t. He claimed that the first time he heard the recording was at Panti Police Station, and he couldn’t understand it due to a language barrier.

Ominikoron testified that he did not know the three men picked at Agungi and had never seen them before. He added that he would not be able to identify them.

He said that at Panti, he was severely tortured and pressured by police officers to confess. “I was brought out and questioned every 15 to 20 minutes. They kept taking my statements.

“I couldn’t write my statements because of the torture, so two or three people questioned me while another wrote my responses,” he said.

Omotubora requested the presentation of Exhibits 10a, 10b, 11, and 12. Exhibit 10, one of the defendant’s earlier statements, was read aloud. In the statement, Ominikoron said that Bamise initially sat behind him. He claimed he told her he liked her but later asked her to move to the back of the bus to avoid being seen by LSBS officers.

According to him, this interaction occurred before picking up the three male passengers.

At Osborne, one of the men allegedly pointed a gun at Ominikoron and forced him to change his route. He testified that when they stopped, Bamise screamed for help as the men dragged her away, but he couldn’t intervene because they had a gun.

He said the men eventually left the bus. When he went to check on Bamise at the back, she was gone. Ominikoron then drove to the toll gate/7Up terminal, where he parked the bus.

He claimed he spent the next day, Sunday, at home. On Monday, still in shock, he was called to report to Oshodi. Upon arrival, he learned that one of his passengers was missing.

Ominikoron testified that he later contacted a friend, Mr. Hope, telling him he had issues with his landlord and workplace and needed to discuss them. He said he went to Ogun State to stay with his friend for a while.

When asked if he had sex with anyone on the bus, Ominikoron denied it, alleging instead that the male passengers raped Bamise and dragged her out.

He explained that he was too shocked to tell anyone about what happened. “While on my way to work, I was called to the head office in Oshodi to meet Mr. Ola.

“When I arrived, I was told not to drive out but to wait. My colleagues began accusing me of doing ‘Korope.’ When I denied it, they told me one of my passengers was missing.

“Fearing that the rumour had reached the office, I left the depot. I remember my MD saying he wouldn’t spend N1 million to pursue a case that wasn’t worth N100. I ran away because picking passengers illegally is considered theft,” he explained.

When asked if he knew a certain MaryJane or raped her on November 25, 2021, he admitted knowing her but denied raping her.

He said they had been in a relationship but had never been intimate. According to him, he stopped answering her calls after sending her N3,000 for her sick child because she constantly demanded money.

“After giving her money that day, I avoided her and didn’t pick up her calls. I don’t understand where her allegations came from,” he added.

Ominikoron also denied attempting to rape a doctor (name withheld) and exchanging phone numbers with her on December 29, 2021, in Ikorodu. He claimed he neither knew her nor visited Ikorodu on that date.

The judge subsequently adjourned the case to October 21, 2024, for the continuation of the defendant’s examination-in-chief.