A woman, Nneka Maryjane, has narrated how she was raped by Andrew Ominikoron, the Bus Rapid Transit (BRT) driver who allegedly raped and murdered Ayanwole Bamise, a 22-year-old Lagos resident.
Odezulu, who is the first prosecution witness in the ongoing rape and murder trial, testified on Monday before Justice Sherifat Sonaike, of Lagos High Court sitting at Tafawa Balewa TBS.
She alleged that Ominikoron raped her from behind and tore her clothes when she boarded a BRT bus driven by him on November 25, 2021 while returning from work.
The witness who was led in examination in chief by the Lagos State, Attorney General and Commissioner for Justice, Moyosore Onigbanjo SAN, said the defendant had tortured her, slapped and held her neck and she couldn't breathe again and he tried to strangle her and then tore her clothes.
The 29-year-old sales representative and mother said after close of work on the fateful day, she stood at Alesh Hotel Bus Stop and sighted the BRT bus parked.
Odezulu said she had approached the driver (the defendant) and asked him if he was going her way, Jakande, which he replied in the affirmative after which they agreed on the transport fare.
She said she boarded the bus and sat at the back. Few seconds after, according to her, a man approached the defendant and asked him if he was going to Oshodi which he also replied in the affirmative but after negotiations on the fares, the other man did not board the bus.
Odezulu said, “When I entered the BRT, the lights were on, but on getting to Lekki Conservation, Lekki - Ajah express way, he stopped the motor and brought out one medicine; he took the medicine with bottle water, so I did not bother myself because I thought it was a medication.
“After that he asked me to come to the front seat that why was I sitting at the back seat, then I stood up and went to sit at the front. Then he started asking me questions; what is my name, how old I am, who do I live with, in the process of asking me questions, he brought out his phone and talked about two transactions.
"He pushed me down at the back seat, I held the seats and was begging him, he held the knife, tore my clothes and raped me from the back. He said I should give him my account number, I told him, I did not need his money, then he said that I was being stubborn, that I didn't want to give him my account number; so I gave him my account number and he sent N3000 and said I should use it to buy pain killers.”
The witness showed the court the dress she wore on the day which was torn by Omininikoron. It was tendered before the court and the court admitted it in evidence as exhibit 1.
Earlier the defendant's counsel, Abayomi Omotubora, objected to the question of whether the man that argued with the defendant later boarded the bus and if she reported the rape case to the police that it was a leading question.
He also objected to the admissibility of the exhibit sought to tender that it was not stated in the proof of evidence, and cited Section 221 (1) (3) 2011 and 36 (6), 1999, of the evidence act to butress his argument. He urged the court not to admit the exhibit in evidence.
However, the AG urged the court to dismiss the objection of the defence counsel.
In a short ruling, Justice Sonaike, overruled the objections of the defence, counsel that asking a witness if she reported the case to the police was not a suggestive question and admitted the exhibit in evidence.
At the resumed hearing of the matter on Sunday, Onigbanjo SAN, informed the court that the prosecution had amended the charge and dated May 6 and an amended additional proof of evidence also dated May 6, 2022, pursuant to Section 155 and 251 (3) of the administration of criminal justice law of Lagos State, and urged the court to let the defendant retake his plea.
The five count amended charge was read to the defendant and he took his plea.
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 said that the defendant on November 25, 2021, allegedly raped a 29 year -old lady Nneka Maryjane Odezulu, without her consent.
It said that the incident took place at about 8pm, at Lekki- Ajah Conservation centre Lekki Ajah expressway Lagos.
The prosecution also told the court that Ominnikoron conspired with others now at large conspired to commit rape and murdered his 22-year-old passenger, Oluwabamise Ayanwole, a fashion designer.
It said that the defendant had sexual intercourse with Oluwabamise Ayanwole, without her consent and murdered her, at about 7pm, between Lekki Ajah expressway and Carter bridge, on February, 26, 2022.
According to the prosecutor, the offences committed were contrary to and punishable under Sections 411,223,260 and 165 of the criminal law of Lagos State 2015.
However, the 47-year-old defendant pleaded not guilty to the charge preferred against him.
Consequently, Justice Sonaike, adjourned the case till Monday for continuation of the trial.
from Latest News https://ift.tt/VJZSM80