BAMISE AYANWOLA: JUDGE UPSET AS DEFENSE COUNSEL'S ABSENCE REPEATEDLY HALTS BRT DRIVER'S TRIAL

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By Aishat Momoh. O.

Justice Sherifat Sonaike, of the Lagos High Court in Tafawa Balewa Square (TBS), criticized the defendant’s attorney’s ongoing absenteeism at the Andrew Ominikoron trial on Thursday.

The judge said that Mr. Omotubora’s recurrent absences demonstrate his contempt for the legal profession.

In February, Mr. Ominikoro was charged with raping and killing Bamise Ayanwola, a 22-year-old fashion designer, inside a BRT bus.

He is also charged with raping another passenger, Maryjane Odezelu on November 25, last year.

Abayomi Omotubora, has missed court a total of four times since the trial began.

Due to his absence on June 7 and June 9, the court postponed the trial until June 30.

On June 30, he was absent once more but sent a substitute.

The judge questioned Mr. Ominikoron, the defendant, about his knowledge that his attorney would not be present to represent him in court.

The judge questioned, “Are you aware that your attorney will not be in court.”

I’m not aware of that, he said.

The state’s attorney, Moyosore Onigbajo, pleaded with the judge to order the state to “take over the legal representation” of the defendant in court by appointing a representative from the Office of the Public Defender or Legal Aid Counsel.

He also took issue with the defense attorney’s absence without giving the court prior notice.

In his statement, Mr. Onigbanjo urged the court to “also take cognizance of how the defendant counsel hampers the judicial proceedings.”

Justice Sonaike described Omotubora’s ongoing absence “appalling and unbecoming of the honorable profession”.

But she mandated that the defendant get a new attorney.

She said that the defendant should retain fresh counsel to carry on with his trial on the next date.

“If he is unable to secure legal representation, the legal assistance counsel’s office should assume control by the following day.”

It is unworthy of a dignified member of our profession to neglect to appear in court and to fail to formally write to the court. This specific attorney has the mentality that it is acceptable to skip court appearances.

It is “unfortunate,” she continued, that a new date has been set for the hearing.

She however, adjourned the matter to September 28 and 29, 2022 further hearing.