BAMISE: COURT OVERRULES ANDREW NICE’S NO-CASE SUBMISSION
Read Time:3 Minute, 59 Second
By Aishat Momoh. O.
..… orders defendant to put in his defense
Justice Sherifat Sonaike of the High Court of Lagos, Tafawa Balewa Annex (TBS), has overruled the no-case submission filed by Andrew Nice in the alleged rape and murder case against him.
The Lagos State Government is prosecuting Andrew Nice, a BRT bus driver, on a five-count charge bordering on felony, sexual assault, rape, conspiracy and murder.
In the course of reviewing the previous testimonies, Justice Sonaike, held that the evidences given by the nine prosecuting witnesses in the matter are linked to the defendant.
She mentioned that PW1, Mary Jane Odezelu in her testimony stated that Andrew Nice forcefully raped her, which is contrary to Section 263 of the criminal law of Lagos State.
At the commencement of trial, the second prosecution witness, Kayode Aluko manager of the Lagos Bus service limited confirmed that on 29th of December, 2021 and 26th of February, 2022; Nice drove Bus No: 240271 in which he was alleged to have raped PW1 and Bamise. He also mentioned that the BRT driver did not report that anything happened on the said bus neither did he sign out on those days.
“He didn’t sign out on 26th (February), neither did he sign out on the 29th of December. The defendant did not sign out on any of the evidence presented before the court.”
The third Prosecution witness, ASP Isibor Amos examined by Onigbanjo said he is a police officer and incident duty officer at Ebute-Ero division on 26th of February.
“On 26th day of February, I was made the incident duty officer. At about 10:00pm my charge room officer said that there were people gathered on the express with someone lying down there. I went to the scene, on getting there; I saw a naked female lifeless body. I tried to enquire from those that gathered what must have happened. I gathered that a moving vehicle threw her out”, he said.
However, on 5th of December, 2022, PW7 Sunday Ihende, a homicide police officer, testified before the honorable court that, the police conducted a test on the bus that was driven by the defendant on the day he was alleged to have raped and killed Ayanwola Oluwabamise.
He also stated that the driver had ulterior motives, that’s why he doesn’t pick and drop his passengers at the authorized BRT bus-stops.
PW8, one Inspector Jennifer from zone 2, in her evidence explained how the deceased was communicating with her friend while on the bus, while adding that the case her team investigated was a murder case and not of a missing person.
Meanwhile, PW9, Professor Sunday Shoyemi, who is a pathologist at the Lagos State University Teaching Hospital (LASUTH), stated in his evidence on 20th October, 2023 that in the light of his findings, Bamise’s death was as a result of severe craniocerebral injury following a blunt force trauma.
Recall that the prosecution had closed its case in October, 2023, while the defence counsel, Abayomi Omotubora, had in December, 2023 filed an application seeking an acquittal of the defendant. According to him, the prosecution upon the close of it’s evidence failed to link the defendant to the crimes.
He added that the Prosecuting counsel failed to establish ‘Primar-facie’ that is, the evidences given lacks merit.
Having linked the evidence presented by witnesses to Andrew Nice, the court in its ruling overruled the application seeking to quash all allegations against the defendant and ordered the him to open its case, while adjourning the matter till 10th June, 2024 for continuation.
Story so far….
Ominnikoron 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 said that the defendant on November 25, 2021, allegedly raped a 29-year-old lady Nneka Maryjane Odezelu, without her consent.
It is recalled that the incident took place at about 8:00p.m at Lekki-Ajah Conservation Centre Lekki-Ajah Expressway, Lagos.
The prosecution also told the court that Ominnikoron conspired with others now at large to commit rape and murdered his 22-year-old passenger, Oluwabamise Ayanwola, a fashion designer.
It said that the defendant had sexual intercourse with Oluwabamise Ayanwola, without her consent and murdered her, at about 7:00p.m, between Lekki-Ajah Expressway and Carter bridge, on February, 26, 2022.
The prosecution also said that the defendant and others at large on February 26, 2022, unlawfully killed one Oluwabamise Ayanwola by throwing her out of a moving bus between Lekki-Ajah Expressway and Cater bridge.
The defendant was also accused of sexually assaulting a-29-year old woman one Victoria Anieke, on December 29, 2021, between Ikorodu and Mile 12 area of Lagos State.
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