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Tag: Court

  • Court bars woman from bearing ex-husband’s name

    Court bars woman from bearing ex-husband’s name

    After 11 years of divorce, a Customary Court in Rumuogba, Rivers State, has stripped Mrs Kate Ngbor from continuing to bear her former husband’s name with immediate effect.

     The claimant, Chief Sam Ngbor, in Suit No: OCC/9/2021, sought the court order to restrain his former wife from bearing his name.

     The court, after the submissions from E. O Erhirhi, counsel to the claimant and R.U Egwenre, counsel to the defendant, granted the orders.

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     The court ordered that the defendant has no right, except on the express permission of the claimant, to continue to bear or answer the name “Ngbor” or “Sam-Ngbor” (as the case may be).

     The court consequently stripped the defendant of the name “Ngbor” or “Sam-Ngbor” .

     The court ordered the defendant to revert to her maiden name or any other name of her choice, and not “Ngbor” or “Sam-Ngbor” as the case may be.

  • Emefiele: Court grants EFCC permission to field witnesses virtually 

    Emefiele: Court grants EFCC permission to field witnesses virtually 

    A High Court of the Federal Capital Territory (FCT), Abuja on Thursday approved the request by the prosecution in the trial of a former Governor of the Central Bank of Nigeria (CJN), Godwin Emefiele, to have its two additional witnesses testify virtually through audio/visual means.

    Emefiele is being prosecuted by the Economic and Financial Crimes Commission (EFCC) over alleged unlawful printing of new naira notes, among others.

    At the resumption of proceedings on Thursday, prosecuting lawyer, Rotimi Oyedepo (SAN) informed the court about the inability of the prosecution to produce the two additional witnesses in court physically.

    Oyedepo said they were currently in the United Kingdom and have agreed to testify virtually.

    He said he filed additional proof of evidence and other necessary documents to show why it was impracticable to have the witnesses testify physically and the nature of the nature of their evidence.

    Defence lawyer, Olalekan Ojo (SAN) objected, arguing that he was unaware that the prosecution filed a formal application, disclosed the names and the nature of evidence to be given by the witnesses as required by law.

    Oyedepo subsequently drew Ojo’s attention to the additional proof of evidence he filed, reflecting the names of the intended witnesses, why their physical presence was impossible and the nature of their evidence.

    Ruling, Justice Maryanne Anenih granted the prosecution’s request to filed the additional witnesses virtually.

    The prosecution then called it’s seventh witness (PW7), Chinedu Eneanya, an investigator with the EFCC, who gave evidence in relation to the findings of his team’s investigation of the case.

    Led in evidence by Oyedepo, Eneanya said in the course of investigation his team invited four Deputy Governors of the CBN, who served under Emefiele namely – Adesonubi Folasodun, Adamu Edward, Kingsley Obiora and Mrs Aisha Ahmed, who volunteered statements to the agency on their involvement in the naira redesign project

    Oyedepo later handed him some documents, which the witness identified as the statements made to investigators by the invited Deputy Governors.

    He also identified a statement obtained from a former Managing Director of the Nigeria Security, Minting and Printing Company (NSPMC), Ahmed Halilu.

    All the statements were later tendered by the prosecution and were admitted I’m evidence by the court.

     Eneanya told the court how, on October 6, 2022, Emefiele authored a memorandum of 11 pages to former President Muhammadu Buhari seeking approval to redesign the N1,000, N500 and N200 naira notes.

    In the 11 page memo, Eneanya said that specimen of the proposed redesign were attached and that Buhari gave immediate approval with a condition that production of the new notes must be done locally.

    He said investigation by his team revealed that Emefiele did not carry along members of the board of the CBN and members of the bank’s Committee of Governors (COG).

    The witness said: “In the course of the investigation, the team had cause to request for all the minutes of meetings from January 2022 to the October 2022 to determine if the issue of naira redesign was discussed at either the board or committee of governors’ meeting of the CBN prior to the presentation of the memo to the presudent.

    “After the detailed analysis of the minutes, we got nothing of such.”

    He said the defendant allegedly caused to be produced new naira notes with designs different from what President Buhari approved on the grounds that the NSMPC said it could not produce the approved design within the time frame approved for the exercise.

    The witness claimed that Emefiele also had the new notes designed by a foreign company as against the directive of the the president.

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    “Investigation discovered that the approval of the president as contained in the memo (memorandum) of the defendant of 6th of October 2022, was completely jettisoned as it did no longer contain the design, the device, the form and the strict directive that the production be done locally.

    “The defendant, on October 19, without the recommendation of the board, or the recommendation of the COG, unilaterally approved his own design of the N1000, N500 and N200 notes.”

    The witness equally claimed that a United Kingdom based company; De La Rue, which eventually produced the design Emefiele allegedly approved unilaterally, was paid £205,000, amounting to N111million by the then prevailing exchange rate.

    The witness added: “Our investigation showed that the design was not done locally, it was not done by a local company as directed by the president that the production be done locally.

    “The finding of the team on what was finally produced and put into circulation by the CBN, in which the defendant, at the time was the governor, was completely at variance with what had been earlier presented to the president and approved by the president in design, form and device,” the witness said.

    He added: “Our investigation showed that the money paid to De La Rue was .£205,000 which, by the conversation rate at that time, was over N111m was paid to a foreign company, which would have not happened if the prosecution was done locally.”

    Further hearing in the case has been adjourned till April 29.

  • Producers of ‘Gang of Lagos’ ordered to apologise to Eko descendants union

    Producers of ‘Gang of Lagos’ ordered to apologise to Eko descendants union

    A Lagos High Court sitting in Tafawa Balewa Square (TBS) has ordered the producers of a film titled “Gang of Lagos” to apologise to Isale Eko Descendants Union.

    The order was contained in a consent judgment delivered by Justice Idowu Alakija.
    The order of the court followed terms of agreement and settlement between parties filed in the suit delineated LD/6903GCM/2023 between Isale Eko Descendants Union, two others against Amazon Web Services and 11 others.

    The judge agreed with the submission of the applicants that the movie, “Gangs of Lagos” erroneously portrayed and disparaged the cultural heritage of the well respected Eyo Masquerade of Lagos and the peace-loving nature and the long standing traditions of the Isale-Eko People.”

    Justice Alakija ordered the defendants in the matter to “tender an unreserved apology to the applicants
    in this regard.”

    ” In consideration of the mutual promises contained herein and in full and final settlement of all the claims in this suit, the parties hereby agreed that the 3rd to 11th respondents shall jointly issue a letter recognising the applicants’ position that the Movie titled “Gangs of Lagos” erroneously portrayed and disparaged the cultural heritage of the well-respected Eyo Masquerade and the peace-loving nature and the long-standing traditions of the Isale-Eko People, and shall therein, tender an unreserved apology to the applicants in this regard.

    ” The 12th respondent (Amazon Web Services Nigeria Limited) shall issue on its Letter Head, a letter recognizing the Applicants’ position that the Movie titled “Gangs of Lagos” erroneously portrayed and disparaged the cultural heritage of the well-respected Eyo Masquerade and the peace-loving nature and the long-standing traditions of the Isale-Bko People, and shall therein, tender an unreserved apology to the Applicants in this regard.”

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    The Isale Eko Descendants Union through a Motion on Notice filed by the Chairman of the union, Adeniyi Kazeem (SAN) dated May 30, 2023 had asked the court for an outright ban of the movie and asked the respondents to tender apology to Lagosians.

    The Isale Eko Descendants Union had filed the suit on behalf of themselves and the Isale-Eko Community of Lagos State, Chief Ayodele Bajulaiye, Bajulaiye of Lagos (Suing for himself and on behalf of the Bajulaiye Chieftaincy Family & Eyo Iga Bajulaiye, Chief Abdul-Waheed Ayeni,
    Sasore of Lagos suing for himself and on behalf of the Sasore Chieftaincy Family & Eyo Iga Sasore as first to third applicants respectively.

    The Attorney General of Lagos State,
    Lagos State Film & Video Censors Board Ms Jadesola Osiberu, Ms Kemi Lala Akindoju, Mr Adesegun Adetoro, Demi Olubanwo, Mr Olumide Soyombo, Mr. Bankole Wellington, Adesua Etomi-Wellington, Mr. Kola Aina, Greoh Limited
    and Amazon Web Service Nigeria Limited were listed as 1st to 12th respondents respectively .

    The applicants had asked the court for an order of mandamus, directing and compelling the 1st and 2nd respondents to perform their statutory duty under the Cinematography Law of Lagos State and revoke the License and Approval granted to Greoh Studios and “The Make it Happen Productions”, the producers of “Gangs of Lagos” for its illegal and defamatory depiction of the Isale-Eko Community as a den of criminals and the revered cultural and national icon, the Eyo Masquerade, as a gang of murderers and assassins.

    They prayed the court for “an order of Mandamus directing and compelling the 1st and 2nd respondents to perform their statutory duty under the Cinematograph Law of Lagos State and demand an account of the proceeds from exploitation and streaming of the illegal and defamatory depiction of the Isale-Eko Community as a den of criminals and the revered cultural and national icon, the Eyo Masquerade, as a gang of murderers and assassin’s by the movie “The Gang of Lagos” from the 12th Respondent (Amazon Prime Video TV).”

    They requested the court to order the 1st and 2nd respondents to perform their statutory duty under the Cinematograph Law of Lagos State and impose a fine of N10 billion against the 3rd to 12th defendants/respondents for the illegal and defamatory depiction of the Isale-Eko Community as a den of criminals.

    Responding to the judgement, a former Attorney General and Commissioner for Justice, Adeniji Kazeem (SAN) in a statement issued after the verdict of the court said, “community of Isale – Eko in Lagos State was able to establish that ‘along with other rights, there are inalienable cultural rights that accrue to indigenous communities that need to be vigorously protected.
    “Indeed the 2007 United Nations Declaration on the rights of Indigenous Peoples (UNDRIP) states amongst other things that the culture of indigenous people must be protected.

    “That indigenous people have intellectual property rights in their culture and there can be no exploitation or usage of those rights without the express permission of the indigenous communities”, he said.

  • Supreme Court dismisses PDP case against Aiyedatiwa’s candidacy

    Supreme Court dismisses PDP case against Aiyedatiwa’s candidacy

    • Apex court awards N8m cost against party, Ajayi

    Supreme Court has dismissed an appeal by the Peoples Democratic Party (PDP) and its candidate in the last governorship election in Ondo State, Agboola Ajayi, challenging the competence of the joint ticket of Lucky Aiyedatiwa and his running mate, Olayide Adelami.

    In a judgment yesterday, a five-member panel, presided over by Justice Mohammed Garba, was unanimous in holding that the appeal was without merit.

    The apex court held that not being members of the All Progressives Congress (APC), the party that sponsored him, the appellants lacked the locus standi (the legal right to approach the court) to query Adelami’s nomination.

    The court also held that the case was statute barred because, being a pre-election case, it was commenced outside the time provided in the Constitution and the Electoral Act.

    The Supreme Court affirmed the judgment of the Court of Appeal in Akure delivered on January 28, which equally affirmed the December 2, 2024 decision of a Federal High Court in Akure (Ondo State capital) on the issue.

    The court awarded a cost of N8milion against the PDP and Ajayi, at N2million each for the four respondents – Adelami, Aiyedatiwa, APC and Independent National Electoral Commission (INEC).

    The judgment was in the appeal marked: SC/CV/106/2025.

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    PDP and Ajayi had gone to the Federal High Court to challenge Adelami’s qualification, alleging inconsistencies in the names submitted to INEC.

    They equally queried Adelami’s eligibility to contest as the deputy governorship candidate on the platform of APC and consequently sought the disqualification of APC from the ballot.

    PDP and Ajayi alleged that Adelami was known by multiple, conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.

    They urged the court to declare “that the first defendant (Adelami) is constitutionally disqualified from contesting the election as the deputy governorship candidate of APC.”

    The plaintiffs also sought “a declaration that the APC has no validly nominated governorship and deputy governorship candidates for the 2024 election.”

    They then prayed the court to issue an order disqualifying Adelami and Aiyedatiwa from participating in the election and restraining INEC from publishing their names or allowing them to participate in the election.

    In its judgment on December 2, 2024 in the suit marked: FHC/AK/CS/99/2024, Justice Toyin Adegoke of the Federal High Court, Akure held that the plaintiffs lacked the necessary locus standi to institute the suit.

    Justice Adegoke also held that the case filed by Ajayi and the PDP was statute barred, having filed it outside the 14 days required by the Electoral Act.

    The judge equally held that the court lacked jurisdiction to hear the suit, having been initiated via originating summons, instead of a Writ of Summons.

    She noted that the issue involving certificate forgery and perjury was criminal, which required the calling of evidence from the authorities that issued the certificates in question.

    The judge further held that Section 29 of the Electoral Act made provision for who could challenge the candidate of political parties.

    She held that since the PDP and Ajayi were not aspirants in the APC primary election that produced Aiyedatiwa and Adelami as candidates, they lacked any legal right to challenge their nomination.

  • Court adjourns case against Adamawa govt over Fufore Emirate creation to April 3

    Court adjourns case against Adamawa govt over Fufore Emirate creation to April 3

    A High Court in Yola has adjourned proceedings to April 3, 2025, in a case challenging the Adamawa State Government’s creation of the Fufore Emirate.

    Presiding over Tuesday’s sitting, Justice Musa Usman postponed the hearing to allow the defense counsel sufficient time to respond to a cross affidavit filed by the state government.

    The Fufore Emirate was among seven chiefdoms and two emirates established by the government in December 2024. Earlier this month, three plaintiffs—Musa Halilu Ahmed, Alhaji Mustapha Dahiru Mustapha, and Alhaji Mustapha Ahmad, all titleholders in the Adamawa Emirate—filed a suit seeking to nullify its creation, arguing it undermines the historical and cultural heritage of the Adamawa Emirate.

    During Tuesday’s session, plaintiffs’ lead counsel, Manga Nuruddeen (SAN), requested time to reply to the government’s cross affidavit. 

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    The state’s Commissioner for Justice, Afraimo Jingi, revealed that the government had initially sought to have the case struck out for being improperly constituted. 

    However, the plaintiffs later requested that some of the issues raised be referred to the Court of Appeal—an application the state opposed.

    With the new adjournment, the plaintiffs will have time to file their reply before the court hears the main motion.

  • Court restrains PDP, Damagun from acting against south-south zonal congress outcome

    Court restrains PDP, Damagun from acting against south-south zonal congress outcome

    A Federal High Court in Abuja has restrained the Peoples Democratic Party (PDP) and its acting national chairman, Iliya Damagun from taking any steps that could adversely affect the outcome of the recently held south-south zonal meeting and congress of party, which are now subject of a suit pending before it.

    Justice James Omotosho issued the order on Monday while ruling on an ex-parte motion filed in a suit, marked: FHC/ABJ/CS/447/2025 brought by Alabh George Turnah (for himself as Zonal Secretary, South South zone of the PDP andembers of the South South zonal working committee of the party).

    Listed as defendants in the suit are Damagun, the PDP and the Independent National Electoral Commission (INEC).

    Turnah alleged that the national PDP was planning to hold a meeting on March 11 to nullify the outcome of the South South zonal meeting of the PDP held in Benin, Edo State on February 15 and the zonal elective congress held in Calabar, Cross River State on February 22.

    He stated that at the February 22 elective congress, Chief Dan Orbih was re-elected as the Vice Chairman of the PDP for South South Zone along with him and others as members of the Zonal Working Committee of the party for South South Zone.

    The plaintiff is contending among others, that it is not the responsibility of the party’s national leadership to determine how zonal leadership of the party conduct congresses and hold meetings.

    He stated that it was the national PDP that set the time table for zonal congresses, which formed the basis of the south south zonal congress held in Calabar on February 22. 

    In his ruling on Monday, after listening to plaintiff’s lawyer, Ibrahim Idris (SAN), Justice Omotosho refused to grant the motion ex-parte on the grounds that it was fair and just to afford the defendants the opportunity to be heard before the court could take a decision on the reliefs sought.

    The judge was of the view that the matter, facts and allegations made by the plaintiff are so weighty that granting the interim injunctions sought in the ex-parte motion, without hearing the defendants/respondents, “will cause serious damage to the working of party.”

    He held that “It is just and fair to give the defendants/respondents the opportunity to be heard in respect of this injunctive application.

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    “This is not to say that the plaintiff does not have a legal right to protect, but because it would be better to give the defendants/respondents the opportunity to present their cases,” he said.

    Justice Omotosho ordered the plaintiffs to serve the defendants/respondents with the motion on notice for interlocutory injunctions and other documents so far filed through substituted means for them to react.

    By the substituted service granted by the court, the plaintiff is required to serve all the court documents on Damagun and the PDP at the party’s headquarters in Abuja by pasting or handling to any adult in the building.

    He added: “The defendants/respondents are ordered to note that it is trite law that once a party is served with a motion on notice or other processes in respect of a pending case, bound not to take any action to make the outcome of that suit nugatory.

    “It is in this regard that the defendants/respondents are ordered not to take any steps that may render the outcome of the motion on notice dated 6th March 2025 but filed on 7th March 2025 nugatory.

    “Where a matter is pending before a court, no party is permitted to take action that will render the suit or the outcome of the proceedings nugatory.

    “The defendants/respondents must not overreach the plaintiff by taking steps to destroy the res or render the decision of this court in respect of the motion on notice dated 6th March 2025 but filed on 7th March 2025 nugatory and steps taken to render the judicial outcome of the motion on notice shall be a nullity,’ he said.

    Justice Omotosho emphasised the need for the court to protect judicial proceedings and ordered that no party, the defendants inclusive, shall take any steps to overreach the motion on notice for interlocutory injunctions dated 6th March 2025 but filed on 7th March 2025.”

    He then adjourned till March 18 for the defendants/respondents to respond to the motion for interlocutory injunctions and for possible hearing of the motion.

    The reliefs being sought by the plaintiff in the motion on notice filed on 7th March 2025 are:

    *An order of interlocutory restraining the 1st and 2nd defendants and their agents from calling or holding any meeting on the 11th March, 2025 or any other day with a view to setting aside the resolution of the meeting of the South South Zonal Committee of 2nd defendants (PDP) held in Benin, Edo State on 15th February 2025 and the zonal elective congressheld in Calabar, Cross River State on the 22nd of February, 2025 wherein Chief Dan Osi Orbih was re-elected as the Vice Chairman of 2nd defendant for South South Zone 

    along with the plaintiff and others as members of the Zonal Working Committee of the 2nd defendant for South South Zone pending the hearing and determination of the substantive suit.

    *An order of interlocutory injunction restraining the 3rd defendant, her agents and others from recognizing or giving vent to any meeting convened by the 1st and 2nd defendants or their agents on the 11th March, 2025 or any other day or any resolution passed therein with a view to setting aside the resolution of the South South Zonal Committee meeting of 2nd defendant held in Benin, Edo State on 15th February, 2025 and the zonal elective congress held in Calabar, Cross River State on the 22nd February, 2025 wherein Chief Dan Osi Orbih was re-elected as the Vice Chairman of 2nd defendant for South South Zone along with the plaintiff and others as members of the Zonal Working Committee of the 2nd defendant for South South Zone pending the hearing and determination of the substantive suit.

  • Court jails neuropsychiatric hospital medical director for contempt in Enugu 

    Court jails neuropsychiatric hospital medical director for contempt in Enugu 

    An Enugu State High Court has sentenced the Medical Director of the Federal Neuropsychiatric Hospital, Enugu, Dr. Ngozi Unaogu, and the hospital’s Director of Clinical Services, Dr. Vincent Ubochi, to the Nigeria Correctional Centre for disobeying a court order.

    Justice Ngozi Oji, who delivered the ruling, ordered that the two officials remain in custody until they fully comply with the court’s judgment delivered on December 10, 2021, by Justice Ebele Mabel Egumgbe.

    The case originated from a lawsuit filed by Dr. Afam Ndu, a nurse and former principal of the hospital’s School of Mental and Basic Psychiatric Nursing. 

    Ndu had taken legal action against the hospital management after being accused of rape, murder, and possessing fake certificates—allegations that were later proven false. 

    It was gathered that the Federal Ministry of Health cleared him of wrongdoing, yet the hospital management continued to scrutinize his credentials.

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    In the 2021 ruling, the court issued a perpetual injunction restraining the hospital from further investigating Ndu’s qualifications. 

    The defendants—Dr. Unaogu, Dr. Ubochi, and two other doctors—were found guilty of defamation and ordered to pay N2.5 million in damages. 

    The court also mandated a retraction of the defamatory publication in a national newspaper within 30 days.

    The judgment was upheld by the Court of Appeal on January 24, 2024. 

    However, despite the ruling, Unaogu and Ubochi proceeded to establish a senior staff committee to reexamine Ndu’s National Youth Service Corps (NYSC) discharge certificate, claiming it was based on a directive from the Federal Minister of Health and Social Welfare.

    Justice Oji ruled that their actions constituted a blatant disregard for the court’s authority, leading to their sentencing. 

    The court ordered that both officials remain in prison custody until they comply fully with the 2021 judgment.

  • Lagos court jails businessman over visa fraud

    Lagos court jails businessman over visa fraud

    A businessman, Dennis Adeniran Adetoye, has been sentenced to one year imprisonment over visa fraud.

    Adetoye was jailed by the Lagos Special Offences Court, Ikeja, following his arraignment by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a statement signed by spokesman, Demola Bakare, said weekend.

    According to the ICPC, Adetoye was arrested at the British Deputy High Commission’s office in Lagos after presenting forged documents, including an invitation letter from Clarivate Analytics dated April 20, 2018, an introduction letter from the same company dated May 16, 2018, and a falsified Diamond Bank Plc statement of account.

    The commission said its investigation showed that Adetoye falsely claimed to be the regional business lead for Clarivate Analytics and that the company would sponsor his trip to London, United Kingdom (UK), in an attempt to fast-track the procurement of a visa.

    “He was subsequently arraigned before Justice R.A. Oshodi at Court 48, Roseline Omotosho Court House, Ikeja, on a two-count charge of receipt of property obtained using an act constituting a felony, knowing the same to have been so obtained.

    “The charges were filed under Section 13 and were punishable under Section 68 of the Corrupt Practices and Other Related Offences Act, 2000,” Bakare stated.

    When the charges were read to him on March 4, Adetoye, Bakare said, pleaded guilty and was remanded in the Kirikiri custodial centre pending facts and sentencing.

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    “During the sentencing proceedings on March 5, 2025, the defence counsel, J.O. Momoh, pleaded for leniency, arguing that the defendant was a first-time offender who had turned a new leaf and had since ventured into a decent textile business.

    “Justice Oshodi, in his judgment, convicted Adetoye and sentenced him to one year imprisonment on each count in lieu of a fine of one million Naira for all counts.

    “The court also ordered him to undertake an affidavit of good conduct, pledging never to engage in any criminal or corrupt activities again.

    “Furthermore, his biometric details will be registered in the offender’s database maintained by the Lagos State Judiciary.

    “The conviction, in this case prosecuted by three ICPC counsels, Yvonne William Mbata, Roseline Okoro, and Oluwayemisi Pereira, reinforces the commission’s commitment to tackling corruption and fraudulent activities in the country, especially in matters relating to the falsification of documents for visa applications,” Bakare added.

  • Bamise: Court to rule May 2

    Bamise: Court to rule May 2

    A Lagos State High Court sitting in Tafawa Balewa Square, has fixed May 2 to deliver judgment in the rape and murder of 22-year-old Oluwabamise Ayanwola case, brought against a Bus Rapid Transit (BRT) driver, Andrew Nice Omnikoron since 2022.

    Justice Sherifat Sonaike fixed the date after the adoption of the final written addresses of the defence and prosecuting counsel.

    The defence counsel, Abayomi Omotubora, says the prosecution failed to place material evidence before the court to establish the guilt of the defendant.

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    Omotubora submitted that on the alleged murder of Ayanwola, in the analysis of evidence from prosecution witnesses 1-9, their testimonies did not indicate the particular act by the defendant to have caused the death of the deceased.

    While emphasising that the voice note Bamise reportedly sent to her friend did not also indicate the cause of her death, the counsel says it is a hearsay, because the prosecuting counsel fails to invite the friend who received the voice note.

    Referring to the principle of last seen person being relied upon by the prosecution, Omotubora insists that it cannot sustain a conviction, but with circumstantial evidence, noting that prosecutor did not establish anything, rather than mere suspicions and doubtful gestures against the defendant.

  • Bamise: Court to deliver judgment on May 2

    Bamise: Court to deliver judgment on May 2

    A Lagos State High Court sitting in Tafawa Balewa Squares has reserved judgment in the rape and murder of 22 year old Oluwabamise Ayanwola, brought against a Bus Rapid Transit (BRT) driver, Andrew-Nice Omnikoron.

    The bus rapid Transit driver, Andrew Nice, is standing trial for the alleged rape, conspiracy and murder of 22 year old Oluwabamise Ayanwola,in 2022.

    Justice Sherifat Sonaike fixed May 2, 2025, to deliver judgement after the adoption of the final written addresses of both the defence and prosecuting counsel.

    In the argument of the defence counsel, Abayomi Omotubora, said the prosecution failed to place material evidence before the court to establish the guilt of the defendant.

    Omotubora submitted that on the alleged murder of Bamise Ayanwola, in the analysis of evidence from prosecution witnesses 1-9, their testimonies did not indicate the particular act by the defendant, Andrew Nice, to have caused the death of the deceased.

    While emphasising that the voice note Bamise reportedly sent to her friend did not also indicate the cause of her death, the counsel says as a matter of law, it is a hearsay, because the prosecuting counsel fails to invite the friend who received the voice note.

    Referring to the principle of last seen person being relied up on by the prosecution, Omotubora insists that it cannot sustain a conviction, but with circumstantial evidence, noting that prosecutor did not establish anything, rather than mere suspicions and doubtful gestures against the defendant.

    On the PW 1 who is an alleged rape victim of andrew Nice, Defence Counsel says her testimonies needs corroboration to stand, and that the prosecution should have presented the other alleged victim of attempted rape to testify.

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    While adopting his final written address, the Director, Public Prosecutions, Lagos state, Babajide Martins, says considering the testimonies of PW 3,7&8, that the defendant should be found guilty of the offences as charged.

    Martins informs the court that the issue of corroboration on the alleged rape victim raised by the defence counsel, is not applicable in rape cases, but in defilement.

    The prosecution said that the defendant’s evidence established he was the last person seen with the deceased before her death, and that rather than filing a complaint at the nearest police station or his office to exonerate himself, he fled to Osoosa, Sagamu, Ogun state, where officials of the department of state security services apprehended him in 2022. 

    On the dying declaration of the deceased, Citing section 34 of the Nigerian evidence act which instructs the court to carefully evaluate the credibility of a statement before relying on it fully, Martins asks the court to ascribe probative value to the voice note of the deceased.

    Justice Sonaike reserved judgment for Friday, May 2, 2025.