On Tuesday, the Lagos State High Court at Tafawa Balewa Square (TBS) set February 8 for the hearing of Andrew Ominnikoron’s ‘No Case Submission’ over the death of one of his passengers, Oluwabamise Ayanwola, while driving a BRT.
Justice Sherifat Sonaike, who had scheduled the application’s adoption for today, was compelled to defer the hearing when the defence lawyer, Abayomi Omotubora, failed to serve the prosecution with a copy of the motion.
The state, through its Director of Public Prosecutions (DPP), Jide Martins, had charged Omininikoron with four counts of conspiracy, murder, and two acts of rape.
The prosecution had informed the court that the defendant, on November 25, 2021, allegedly raped a 29-year-old lady Nneka Maryjane Ozezulu in Lagos.
The DPP alleged that the incident took place at about 7 pm around the Lekki- Ajah Conservation Centre on the Lekki Ajah Expressway, Lagos.
The DPP also claimed that Ominnikoron conspired with others now at large and forcefully had sexual intercourse with his 22-year-old passenger, Oluwabamise Ayanwola, a fashion designer, without her consent after which he murdered her.
Martins said the incident occurred on February 26, 2022, at about 8 pm, between Lekki Ajah Conservation expressway and Carter bridge
Martins further told the court that the defendant and others still at large, on February 26, 2022, unlawfully killed Oluwabamise Ayanwole by throwing her out of a moving bus at Carter Bridge after having sexual intercourse with her without her consent.
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.
When the case was called on Tuesday, the prosecutor, Mohammed Olateju, informed the court that Omotubora is yet to serve the prosecuting team with a copy of the No Case Submission application.
In his response, Omotubora stated that he had not completed the application filing, “We need a little time to meet filing. All that is left to be done is just scanning, which will be done as soon as possible.
After listening to the lawyers, Justice Sonaike adjourned the matter to February 8, 2024, for adoption of the application.