Justice Sherifat Sonaike of the Lagos State High Court, sitting at Tafawa Balewa Square, on Thursday, ordered Andrew Nice Ominikoron, the driver of a Bus Rapid Transit (BRT) who allegedly raped and murdered Oluwabamise Ayanwola, a 22-year-old fashion designer, to get himself another lawyer on the next adjourned date.
Justice Sonaike issued the order following the absence of Andrew Nice’s counsel Abayomi Omotubora. The court also forewarned that it would order the Legal Aid Council to take up his case if he fails to show up for the next adjourned date without a lawyer.
Mr Omotubora was absent in court again on Thursday, resulting in another adjournment, but this time the judge expressed his displeasure with the situation.
” This is unbecoming of a lawyer of this noble profession, this particular counsel has failed to come to court to conduct his trial and this court strongly condemn it,” the judge said.
Mr Omotubora has been absent from court five times in a row, but on the most recent adjourned date, June 30, the court ordered that his defense be handled by the junior counsel from his chambers.
Earlier in the day, the Attorney General and Commissioner for Justice Moyosore Onigbanjo SAN, who announced his appearance for the prosecution of the case, leading the Director of Public Prosecutor DPP, Dr Babajide Martins, and the Deputy Director of Public Prosecution Adebayo Haroun, told the court that the matter was for continuation of trial.
The AG said ” The matter was adjourned till today on 30th June 2022, in the presence of counsel for the defence. This morning again the defence is not represented. I would be urging the court to ask the defendantt for the whereabouts of his counsel, before I make any necessary application”.
But, when the court asked Andrew Nice the whereabouts of his counsel, he said, ” I was not able to reach him, I am not aware that my counsel will not be in court today”.
The AG informed the court that the prosecution was ready to proceed with its case and that there were five witnesses in court to testify: two bank officers who had been subpoenaed, an investigative police officer and the team leader from the State Criminal Investigation Department, Panti, as well as the deceased’s brother.
He said ” My lord in view that the defendant is unable to defend himself, my application is for the court to appoint a lawyer who will represent the defendant either from the Office of the Public Defender (OPD) or from the Legal Aid Council, to continue with the defence of the defendant.
” It is also clear that the defendant’s counsel who is aware of this date did not deem it fit to inform the court that he would not be in court today. I want the court to take note before appointing OPD or LAC. This is a capital offence and the defence counsel’s conduct is just to frustrate this case”.
In view of the AG’s submission, Justice Sonaike asked Andrew Nice if he could defend himself, and Mr Ominnikoron replied that he was ready to defend himself.
But Mr Onigbanjo said ” Even though the defendant said he can defend himself, I will say the court should tread with caution. I would urged the court to appoint OPD or LAC, to take over defence and represent. I want a fair trial”.
Consequently Justice Sonaike adjourned the case to September 28 for continuation of trial.
Mr Omininikoron was facing four counts of conspiracy, rape, and murder of Miss Ayanwola contrary to and punishable under sections 411, 223, 260 and 165 of the Criminal Law of Lagos State, 2015.
On the last adjourned date, a junior lawyer, P.O Idogun, from Omotubora chambers informed the court that Mr Omotubora though recovered from his illness had to travel for an interview in Abuja, while seeking an adjournment for the continuation of trial.
He said, “The lead counsel was in Abuja for an interview and it is not yet concluded. He called me this morning to hurriedly come here and attend this matter. This is not to disrespect this court. Our application is to pray for an adjournment before the court.
“I have not appeared in this matter before. I know I am duty-bound to continue but I appeal before the court that the matter will proceed on the next adjourned date because I might not properly and effectively do it today,” he added.
The Attorney-General of the state, Moyosore Onigbanjo, SAN, leading the prosecution, objected to the application citing the matter had been adjourned for the third time in a month at the instance of the defense counsel. He said the interview should not supersede the criminal case.
The second prosecution witness Kayode Aluko, has concluded his evidence while the prosecution called another witness, ASP Amos Isibor, who was the Incident Duty Officer.
He narrated to court how he met a naked female lifeless body.
The fourth prosecution witness, Segun Abbey, a field officer of the Lagos State Domestic and Sexual Violence Agency, testified as well about how the agency received a similar report from one Odezelu Mary-Jane, who accused the defendant, Andrew Nice Ominikoron of raping her. According to him, the agency sent a referral letter to the police station, and the SCID took over the investigation.
