Justice Sherifat Sonaike on Friday, sentenced Andrew Nice Ominikoron to death by hanging after the Lagos State High Court, Tafawa Balewa Square annex, found the Bus Rapid Transit (BRT) driver guilty of the murder of 22-year-old Ayanwola Oluwabamise and the sexual assault of Dr. Anosike Victoria.
Ominikoron faced a five-count charge including murder, conspiracy, and rape — in connection with Bamise’s death, the sexual assault of Dr. Anosike, and the rape of one MaryAnne Ojiezelu. He had pleaded not guilty to all charges.
He was arraigned on a four count charge, which was later adjusted to five on rape of one Nneka Maryjane, conspiracy to commit felony, Rape of Ayanwola, murder of Ayanwola and attempted rape of one Onyinyechi Victoria.
Omnikoron was found guilty of rape for one Nneka Maryjane and sentenced to life imprisonment on count one. He was, however, discharged and acquitted on count 2, which was conspiracy to commit a felony.
On count 3, Omnikoron was sentenced to death by hanging for the murder charge against him and 14 years imprisonment on attempted rape on count three.
On another charge, on count five, he was found guilty of sexual assault of one Onyinyechi Victoria and sentenced to three years imprisonment.
Justice Sherifat Sonaike, while giving the judgment, said that the only reasonable inference the court can deduce from the case based on the evidence available is that the defendant murdered the deceased.
She said the court holds that Mr Nice caused the death of Ayanwola and was the last person to see her before her death on February 26, 2022, reinforcing his guilt.
“The deceased died from severe cerebral injury and blood forced trauma, and his actions and inactions led to her death. The law establishes that the person last seen with a deceased bears full responsibility for the death unless they gives an explanation on how he has no hand in the death.
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“In his evidence, he admitted he was alone with her in the bus and where her body was dropped and failed to return to the place to help her and ran away to another state without reporting the case.”
Justice Sonaike, said the prosecution were not able to prove beyond reasonable doubt the matter of rape of Ayanwola, but evidence showed that he sexually harassed her and vulnerable female passengers, put off the light in the bus and took unfamiliar routes, showing a clear well thought out plan with the intention to rape.
Justice Sonaike said he intended to have sexual intercourse with the deceased, but her death must have ensued when she resisted rape.
The issue of Prosecution witnesses 3, 7, and 8 as heresy, stated in the final written address of the defence counsel, Mr Abayomi Omotubora, was discountenanced.
During the trial, the prosecution called nine witnesses while the defence called one. Prosecution called Nneka Maryjane, BRT fleet operation manager, Kayode Aluko, A.S.P Isibor Moses; Social worker, Lagos State, Domestic and Sexual Violence Office, Segun Agbe, and Pathologist, Sunday Shoyemi.
Prosecution Witness nine (PW9), Prof Sunday Shoyemi, a pathologist and Lagos State University Teaching Hospital (LASUTH), established that the death of Ayanwola was caused by the forceful blunt trauma to the head. He said the death was ascribed to craniocerebral injury following a forceful blunt trauma.
Justice Sonaike noted that all rape incident occurred within a three month interval.
“This goes to show there might be more Maryjane or Onyinye who, for fear or shame, failed to come forward and give evidence against the defendant. He can be termed as a pedophile and serial rapist who took advantage of his position. This is an unforgivable crime even under the law.
“With him being the driver of a government bus, how safe are our young girls. The government needs to remodel the drivers and seek to keep passengers safe. This case has become an eye-opener for everyone,” she said.
Defence counsel, Abayomi Omotubora, said the case would be appealed.
Ominikoron, 47, faced a five-count charge of rape, conspiracy, felony, sexual assault, and murder preferred against him by the Lagos State Government.
According to the charge, the incident occurred on February 26, 2022, at about 7 pm, near the Lekki-Ajah Conservation Centre.
The prosecution alleged that the defendant had forcible sexual intercourse with Oluwabamise before killing her. The alleged offences were said to contravene Sections 411, 223, 260, and 165 of the Criminal Law of Lagos State, 2015.
Ominnikoron pleaded not guilty.