ANDREW NICE'S TRIAL: JUDGE ADMITS VIDEO EVIDENCE, REJECTS TRIAL WITHIN TRIAL

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By Aishat Momoh. O.

The Lagos High Court, sitting in Tafawa Balewa Square on Lagos Island, has decided against holding a trial within a trial in the case of Andrew Nice Ominikoron, the alleged BRT driver who is accused of raping Bamise Ayanwola, a 22-year-old fashion designer, and killing her.

Ominikoron’s counsel, Abayomi Omotubora, objected to the video footage of the remarks the defendant made to the police being admitted into evidence during the court’s most recent session on October 25.

According to Omotubora, the defendant’s statements were not obtained voluntarily, and he requested that the court hold a trial within a trial.

For the trial within trial, Justice Sherifat Sonaike had set a postponement date of October 31. But when the trial resumed on Monday, the court requested comments from the prosecution and the defense counsels regarding the necessity of the trial within trial.

The defense application, according to defense attorney Omotubora, was based on Section 29 (2) b of the Evidence Act.

“We are saying that the statement that was taken from the defendant was taken by way of torture, oppression and undue influence,” he mentioned.

The prosecuting counsel, Abiola Olateju in his response faulted the interpretation the defence counsel gave to Section 29 (2) b of the Evidence Act. He said this was not the intendment of the Section.

“The statement of the defendant is not confessional in nature. There is nowhere the defendant admitted any of the charge before the Court, more so when the defendant’s counsel will have the opportunity to cross-examine the witness. The defendant will be afforded the chance to state his claim. I urge the court to allow the defendant to be cross-examined,” he said.

After listening to the arguments of both counsel, Justice Sonaike in a short ruling declined the trial within trial.

“I have read the statements of the defendant made on March 7,8 and 9, 2022 and that of May 5, 2022. And I have looked at the provisions of Section 28 and Section 29 of the Evidence Act. I have read the statement of the defendant severally and it is not confessional in nature, and the section cited does not support the offence in the charge,” the Judge said.

“The offence is rape, conspiracy to murder, murder and sexual assault. The defendant has denied this all through the statement, the trial within trial is hereby declined.”

The defense counsel has also been warned by the judge to protect the court’s reputation. All of the defendant’s comments were entered into evidence, and the trial was adjourned till December 5 for continuation of trial.

The court heard additional testimony from homicide police officer Goddy Ihende, the seventh prosecution witness, before adjourning. The witness continued where he left off at the previous court session by explaining how he came to manage the investigations before Justice Sherifat Sonaike.

According to his testimony, the incident was initially reported as a kidnapping case, but the police later learned after the incident went viral that it was actually a murder case.

While answering questions under cross examination from the defence counsel, Mr Abayomi Omotubora, the witness admitted that he did not take the statement of the complainant who reported the case to the police as it was not his job.

Ominikoron is facing a five-count charge bordering on rape, conspiracy, felony, sexual assault, and murder preferred against him by the Lagos state government.

The prosecution told the court that Ominikoron conspired with others now at large to rape and murder his 22-year-old passenger.

It said that the defendant had sexual intercourse with Ayanwola, without her consent and murdered her, at about 7pm, between Lekki Ajah expressway and Carter bridge, on February 26, 2022.

Additionally, the prosecution said that on February 26, between the Lekki-Ajah expressway and the Cater Bridge, the defendant and other people who are still at large killed Ayanwola by throwing her out of a moving bus.

Additionally, the prosecution said that on November 25, 2021, the defendant allegedly raped one Maryjane Odezulu, a woman of 29 years old without her consent.

At the Lekki-Ajah Conservation Center on the Lekki-Ajah Expressway in Lagos, the incident happened around 8 o’clock.

The prosecution claims that the offenses are against and punishable by Sections 411, 223, 260, and 165 of Lagos State’s penal code for 2015.

The 47-year-old defendant, however, entered a not guilty plea to the accusation brought against him.