Again, absence of defence counsel stalls murder trial of BRT driver

Mr Ominikoron is charged before a Lagos High Court on five- count bordering on felony, conspiracy, rape, murder and sexual assault.

Adebola Ajayi • June 9, 2022

Nice Andrew Ominikoron

The trial of Andrew Nice Ominikoron, a Bus Rapid Transit (BRT) driver, charged with the rape and murder of Oluwabamise Ayanwola could not continue on Thursday as his counsel, Abayomi Omotubora, was not in court.

Mr Ominikoron is charged before a Lagos High Court, Tafawa Balewa Square, on five- count bordering on felony, conspiracy, rape, murder and sexual assault.

Justice Sherifat Sonaike had fixed June 7 and 9 for the trial but the matter was adjourned due to the absence of Mr Omotubora

The Director of Public Prosecutions, Babajide Martins, told the court that this was the second time the defendant’s counsel, Abayomi Omotubora, will be absent from the court.

“He hasn’t deemed it fit to communicate with the court or sent a junior counsel to explain to the court,” he noted.

“Such an attitude is a sign of disrespect to the court.”

Mr Martins told the court that he was informed through a phone call that the defence counsel will be absent from court due to his poor health without any provision of evidence to court.

“On the last adjourned date, the counsel said he was sick when he was called. This morning, we received a call from one Mr Isaac Ezekwem, saying the learned counsel will not be able to come to court,” he said.

“Even that was not good enough, because there’s no medical certificate to show the nature of the illness that is preventing him from coming to court.

“My Lord, this morning, the state is ready to take three witnesses. Two bankers and a police officer who recovered the body of the deceased.”

Justice Sonaike weighed into the matter saying the absence of the defence counsel is “an act of disrespect” to the court.

She added, “I find it unbecoming as the defense counsel is absent without sending mails or letters.”

“Counsel must ensure that he’s in court and the defendant must inform his lawyer to be in court.”

Ms Sonaike said that if the defence counsel is not available for the next trial, the office of Public defender will be notified.

The judge directed that a notice email fearing notice be sent to the defense counsel.

She adjourned the matter until June 30 and July 7 for the continuation of the trial.

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