Bus Rapid Transit driver, Andrew Ominikoron, standing trial for allegedly raping and murdering 22-year-old fashion designer, Oluwabamise Ayanwole, has opened his defence.
Testifying in his defence before the Lagos State High Court in Tafawa Balewa Square, on Thursday, Ominikoron told the court that he never raped or killed Oluwabamise.
The accused testified that he became a bus captain of the BRT in September 2021.
Recounting the incident before Justice Sherifat Sonaike, the defence witness said on February 26, 2022, he was on an afternoon shift, which he resumed by 1 pm, and his route was from Oshodi to Ajah.
Ominikoron explained that he made a round trip and went on the second trip back to Ajah at about 7 to 8 pm, saying he couldn’t continue to work but decided to illegally pick passengers while going back to Oshodi, a term he and his colleagues call ‘Korokpe.’
The defendant is being tried for rape, conspiracy, felony, sexual assault, and murder brought against him by the Lagos State Government.
The charges stated that the incident occurred on February 26, 2022, around 7 pm, near the Conservation Centre, Lekki-Ajah Expressway, Lagos.
According to the prosecution, Ominikoron allegedly forcibly had sexual intercourse with Oluwabamise Ayanwole before killing her.
The alleged offences contravened Sections 411, 223, 260, and 165 of the Criminal Law of Lagos State, 2015.
But the defendant pleaded not guilty to the charges.
On June 24, which was the last adjourned date, Ominikoron’s trial was stalled due to the leg injury he sustained in prison.
An Ikoyi Correctional Centre official told Justice Sonaike that Ominikoron tripped and fell in the bathroom on Sunday, June 23, 2024, resulting in an injury to his left leg. This he said caused the defendant’s absence in court.
Director of Public Prosecutions, Dr. Babajide Martins, told the court at the resumed hearing of the case on Thursday that the case had been stalled since November last year, stressing that the business of the day was for the defence to open its case.
Justice Sonaike therefore ordered the defence to open its case. Led in his defence witness by his counsel, Abayomi Omotubora, the defendant told the court that he picked the late Bamishe at Chevron, and three male passengers at Agungi.
He said one of the male passengers was coming forward, and he thought it was to pay him, then the passenger threw something at his head and brandished a gun, asking him to cooperate.
According to the defendant, whenever they pick up passengers illegally, they usually tell them to sit at the back so that officials of the BRT services on monitoring would not see them in the bus and sanction the drivers.
He said, at gunpoint, he obeyed the instructions of the man who asked him to divert his route and told him to put his vehicle on neutral.
The defendant further explained that the light inside the bus was on but it was the dimmed since he was avoiding being caught for picking passengers.
Ominikoron said,” The light that was on was enough for those in the bus to see, but wasn’t bright enough for those outside to see the bus.”
The defence counsel then called for the audio recording of Bamishe, which was played in the open court.
When the defence counsel asked if he was aware that the late Bamishe was recording or sending voice notes, Ominikoron said he wasn’t, adding that the first time he heard it was when it was played to him at the Panti Police Station after he had made his statement.
He however said he didn’t understand the voice notes because of the language barrier.
The defendant told the court that he didn’t know the three men he picked up at Agungi as he had never seen them before and would not be able to identify them.
Ominikoron further told the court that he was severely tortured in Panti, where the police asked him to just agree with anything they said.
Ominikoron said, “I was brought out and questioned every 15 to 20 minutes and they continually took my statements.
“I could not write my statements due to the torture, so two to three people questioned me while the writer sat in front and wrote down my response.”
The defence lawyer then asked for Exhibits 10a, b, 11, and 12. Exhibit 10 was one of the defence witness’ previous statements that was read.
Ominikoron said in the statement that Bamise sat behind him, and he was telling her that he liked her, but later asked her to go to the back to avoid the LSBS officers from arresting him, and she went to the second to the last seat.
Ominikoron said this happened before he picked the three men.
He added that at the Osborne area, one of the guys pointed a gun at him and diverted him.
He further explained that when they stopped, Bamishe was screaming for help as she was being dragged, but he couldn’t help because a gun was pointed at him.
Ominikoron said later, the men alighted from the bus, while he went to the back to look for her. But when he couldn’t find her, he went back to his seat and drove off. He said he later packed his bus at the toll-gate/7-Up terminal.
Ominikoron said he went home and was home throughout the next day, being Sunday. He however said that on his way to work on Monday, still in shock, he was called to get to Oshodi.
Ominikoron explained that on getting there, he heard that one of his passengers was missing. He further told the court that he later called one of his friends, Mr Hope, and explained to him he had a problem with his landlord and in his office, and so he needed to discuss it with him.
The defence witness said he went to Ogun State to meet his friend and told him he wanted to stay there for a while.
Asked if he slept with anyone on his bus, Ominikoron denied doing that, saying the male passengers raped Bamishe and dragged her out.
He said he was shocked that he couldn’t tell anyone what happened while explaining on Monday.
He said, “While still on my way to work, I was called to the head office in Oshodi to meet Mr Ola. On getting there, I was told not to drive out, but wait.
“Then some of my colleagues were now saying that I did ‘Korokpe’, after saying I didn’t do that, they now said one of my passengers is missing.
“After hearing this, I now found a way to leave the depot because I was afraid that the rumour had got to the office and I remembered that my MD had continually told us that he could not use N1m to chase someone even if it was N100. So, I ran away because picking people illegally is equal to stealing.”
Asked if he knew a certain MaryJane or raped her on November 25, 2021, the defence witness said he knew her but never raped her.
Ominikoron said although they were in a relationship, he never had any intimate affair with her.
The defence witness claimed that the last time they met, he sent her N3,000 for her sick child and started avoiding her because she was always demanding money from him anytime they met.
“After giving her the money on that day, I avoided her and didn’t pick up her calls. So, I don’t understand nor know where she got her ideas from,” he said.
Ominikoron was also asked if he attempted to rape Doctor (name withheld) and exchanged phone numbers on December 29, 2021, in Ikorodu; he denied knowing her nor going to Ikorodu on that day.
The matter was adjourned till October 21, 2024, for the continuation of the defendant’s examination in chief.
