Justice Sherifat Sonaike of a Lagos State High Court sitting at Tafawa Balewa Square, on Thursday, ordered the alleged murderer of a BRT passenger to urgently get a new counsel to avoid delay in his trial.
The judge held that counsel to Andrew Ominnikoron, a BRT driver, who allegedly murdered the 22-year-old female passenger, had severally failed to appear in court.
Sonaike made the order following absence of Ominnikoron’s counsel, Mr Abayomi Omotubora, in court.
Ominnikoron is standing trial for rape and murder of Miss Oluwabamise Ayanwole, a fashion designer.
The judge directed the defendant to get a new counsel by the next adjourned date.
“I have listened to the prosecution; I shall be directing at this stage that the defendant should avail himself of a counsel to continue his trial on the next adjourned date.
“If he is unable to avail himself a lawyer on the next adjourned date, I will direct that the Legal Aid Council should take up his case.
“The defendant’s counsel, Omotubora, has been absent from court on several occasions.
“This is unbecoming of a lawyer. This particular counsel has failed to come to court to conduct his trial, and this court strongly condemns it,” the judge held.
Lagos State Attorney-General and Commissioner for Justice, Mr Moyosore Onigbanjo (SAN), had appeared for prosecution on Thursday, informing the court that the case was for continuation of trial.
According to Onigbanjo, the case was, on June 30, adjourned until July 7, due to absence of defence counsel.
“This morning again the defence is not represented.
“I would be urging the court to ask the defendant for the whereabouts of his counsel before I make any necessary application,” he said.
Onigbanjo informed the court that prosecution had five witnesses in court to give evidence.
He applied that the court should appoint a lawyer from the Office of the Public Defender (OPD) or from the Legal Aid Council (LAC) to defend the BRT driver.
“It is clear that the defendant’s counsel, who is aware of this date, did not deem it fit to inform the court that he would not be in court.
“This is a capital offence and the defence counsel’s conduct is just to frustrate this case,” he submitted.
The judge then asked the BRT driver if he could defend himself, and he said that he was ready to defend himself.
Ominnikoron also said that he was not able to reach his counsel and was not aware that his counsel would not be in court.
However, Onigbanjo submitted: “Alhough the defendant said he could defend himself, I will say the court should tread with caution.
“I would urge the court to appoint OPD or LAC to take over defence. I want a fair trial.”
Thus, Sonaike adjourned the case until Sept. 28 for continuation of trial.
Omininikoron is facing a four-count charge bordering on rape and murder of Ayanwole, contrary to Sections 165, 223, 260 and 411 of the Criminal Law of Lagos State, 2015.
