Matilda Omonaiye/
Justice Sherifat Sonaike of the Lagos High Court, sitting at Tafawa Balewa Square (TBS), has set May 2 for judgment in the murder trial of 22-year-old Oluwabamise Ayanwola. This follows the adoption of final written addresses by both the prosecution and defense.
Ayanwola, a fashion designer, went missing on February 26, 2022, after boarding a Lagos State government-owned Bus Rapid Transit (BRT) at Chevron Bus Stop, Lekki, on her way to Oshodi. She reportedly became uneasy during the journey and sent voice notes to a friend, expressing fear over the bus driver’s suspicious behavior. Days later, her lifeless body was found on Carter Bridge, Lagos Island, sparking public outrage and calls for justice.
The defendant, Andrew Nice, who was the driver of the BRT bus, was later arrested in Ogun State and arraigned for murder, rape, and misconduct with a corpse.
At the hearing, defense counsel Abayomi Omotubora argued that the prosecution failed to present sufficient material evidence to establish a case against Nice. He contended that testimonies from prosecution witnesses 1 to 9 did not clearly indicate any specific act by the defendant that caused Ayanwola’s death.
Omotubora also dismissed the voice note allegedly sent by Ayanwola to her friend before her death, asserting that it did not establish the cause of death and should be regarded as hearsay since the prosecution did not call the recipient as a witness. He further argued that the “last seen” doctrine could not sustain a conviction without supporting circumstantial evidence, adding that the prosecution relied on mere suspicion rather than concrete proof.
Addressing the testimony of prosecution witness one, Mary Jane, who alleged that Nice raped her, Omotubora claimed that her accounts were inconsistent. He also noted that the prosecution failed to corroborate her claims by calling a medical expert to testify.
In response, Lagos State Director of Public Prosecutions, Dr. Babajide Martins, maintained that the testimonies of prosecution witnesses 3, 7, and 8 proved the defendant’s guilt. He countered the defense’s argument on corroboration, stating that it was required in defilement cases, not rape cases.
On the issue of the “last seen” principle, Martins emphasized that the defendant was the last person seen with Ayanwola before her death. Instead of reporting to the police to clear his name, he fled to Osoosa, Sagamu, Ogun State, where he was eventually arrested by the Department of State Security Services in 2022.
Regarding Ayanwola’s voice note, Martins cited Section 34 of the Nigerian Evidence Act, which mandates the court to assess the credibility of statements before relying on them. He urged the court to give the voice note probative value in its judgment.
Justice Sonaike adjourned the matter to May 2 for judgment.
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