Court sentences Lagos BRT driver to death by hanging for killing Bamise

The Lagos state high court sitting at the Tafawa Balewa Square has sentenced Andrew Nice Ominikoron, a driver of Lagos bus rapid transit (BRT), to death by hanging for killing Bamise Ayanwola, a 22-year-old fashion designer.

Delivering judgment on Friday, Justice Sherifat Sonaike held that the prosecution successfully proved its case, relying on the doctrine of “last seen” and the victim’s dying declaration to establish Ominikoron’s guilt.

THE CASE

Ominikoron was arraigned on a five-count charge bordering on conspiracy to commit felony, rape, murder, and sexual assault.

Bamise was last seen on February 26, 2022, after boarding a BRT bus driven by Ominikoron at the Ajah axis of Lagos.

Her disappearance sparked public outrage and a widespread search.

Nine days later, her lifeless body was found on Carter Bridge in Lagos Island.

THE JUDGMENT

In her ruling, Sonaike held that Ominikoron was guilty of multiple offences, with sentences ranging from three years to death by hanging.

On the charge of conspiracy to commit felony with rape and murder, the judge discharged and acquitted the Lagos BRT driver, noting that the prosecution failed to prove he acted in concert with others.

However, on count five, involving the sexual assault of Victoria Anoike, Sonaike found Ominikoron guilty and sentenced him to three years imprisonment.

On count one, the rape of Ojiezelu Maryjane inside a BRT bus, the judge said the prosecution proved its case beyond reasonable doubt.

Though direct evidence of penetration was not established, the court held that supporting materials, including torn clothing and a bank transfer of N3,000 for painkillers from the defendant to the survivor, have credence to the case. He was, therefore, sentenced to life imprisonment.

On count three, the alleged rape of late Bamise, the judge found that the prosecution failed to prove the offence of rape.

However, Ominikoron was convicted of a lesser charge of attempted rape and sentenced to 14 years in prison.

Regarding count four, which bordered on the murder of Bamise, the court held that although no witness directly saw Ominikoron commit the act, circumstantial evidence and the victim’s dying declaration pointed clearly to his guilt.

The judge ruled that the declaration of the deceased contained in a WhatsApp voice note sent to her friend depicted Bamise’s “perceived danger of approaching death due to the erratic behaviour of the defendant”.

The court also relied on the doctrine of “last seen”, as Ominikoron was the last person known to have been with the deceased in the bus.

Sonaike said the driver’s failure to provide a satisfactory explanation of the events that led to Bamise’s death further implicated him.

“The only writer and author of the death of the deceased is Andrew Nice Ominikoron,” Sonaike said.

The judge said Ominikoron used his position as a government-employed driver to “create an environment to have non-consensual sexual intercourse with innocent young girls and women”.

The judge, thereafter, sentenced the BRT driver to death by hanging for the murder of Bamise.