Court Sentences BRT Driver to Death for Rape and Murder: Implications for Nigeria’s Judicial System

On May 2, 2025, a Lagos State High Court at Tafawa Balewa Square delivered a landmark verdict, sentencing Andrew Nice Ominikoron, a Bus Rapid Transit (BRT) driver, to death by hanging for the murder of 22-year-old fashion designer Oluwabamise Ayanwola. The court, presided over by Justice Sherifat Sonaike, also convicted Ominikoron of raping Nneka Maryjane Ozezulu, sexually assaulting Dr. Victoria Anosike, and attempting to rape Ayanwola. This high-profile case, which sparked nationwide outrage in 2022, has reignited debates about Nigeria’s judicial system, the use of the death penalty, and the broader implications for justice and public safety. This blog post explores the details of the case, the judicial process, and the significance of the death penalty in Nigeria’s legal framework.

The Case: A Tragic Loss and a Public Outcry

On February 26, 2022, Oluwabamise Ayanwola boarded a BRT bus driven by Ominikoron at the Chevron Bus Stop in Ajah, Lagos, en route to Oshodi. What should have been a routine commute turned into a nightmare. Ayanwola, sensing danger when the driver failed to pick up other passengers, sent a chilling voice note to a friend, expressing her fear. That was the last time her family heard from her. Nine days later, her body was found on Carter Bridge, Lagos Island, bearing signs of sexual violence. The incident triggered widespread protests, highlighting the vulnerability of women in public spaces and exposing systemic flaws in Lagos’s public transportation system.

Ominikoron was arrested by the Department of State Services (DSS) in Ogun State, where he had fled. He faced a five-count charge, including conspiracy, rape, attempted rape, sexual assault, and murder. Despite pleading not guilty, the prosecution presented compelling evidence, including Ayanwola’s dying declaration via her voice note, the “last seen” doctrine implicating Ominikoron as the last person with the victim, and testimonies from other victims of his assaults. The court found him guilty on multiple counts, sentencing him to death for Ayanwola’s murder, life imprisonment for raping Ozezulu, 14 years for attempting to rape Ayanwola, and three years for sexually assaulting Anosike.

The Judicial Process: A Testament to Circumstantial Evidence

The trial of Andrew Ominikoron showcased the strength of Nigeria’s judicial system in handling complex cases with no direct eyewitnesses. Justice Sonaike relied on the doctrine of “last seen,” which holds that the person last seen with a deceased individual bears the burden of explaining their death. Ayanwola’s voice note, admissible as a dying declaration under Section 34 of the Evidence Act, was pivotal in establishing Ominikoron’s guilt. Additional evidence, such as forensic reports, torn clothing from another victim, and a bank transfer of N3,000 from Ominikoron to Ozezulu for painkillers, further corroborated the prosecution’s case.

The prosecution, led by the Lagos State Government, called nine witnesses, while Ominikoron was the sole witness for the defense. His claim that three unidentified passengers were responsible for Ayanwola’s death was dismissed as inconsistent with the evidence. The court’s meticulous approach, including its acquittal of Ominikoron on the conspiracy charge due to insufficient evidence, demonstrates a commitment to fairness and the principle of proving guilt beyond reasonable doubt.

The Death Penalty: A Controversial Tool in Nigeria’s Judicial Arsenal

The sentencing of Ominikoron to death by hanging has reignited discussions about the death penalty in Nigeria’s judicial system. Capital punishment is legal in Nigeria under Section 33(1) of the 1999 Constitution and is prescribed for offenses like murder under Section 319 of the Criminal Code (applicable in Southern Nigeria) and Section 221 of the Penal Code (applicable in Northern Nigeria). However, its application remains contentious.

Arguments in Favor of the Death Penalty:

• Deterrence and Retribution: Proponents argue that the death penalty serves as a deterrent to heinous crimes like murder and rape, which “shock the collective conscience,” as Justice Sonaike noted. The public outrage over Ayanwola’s death, echoed in calls for Ominikoron’s execution on platforms like X, reflects a societal demand for retribution.
• Justice for Victims: The victim’s family and supporters, including Ayanwola’s loved ones, expressed relief at the verdict, viewing it as closure for a gruesome crime. The death penalty is seen as a way to deliver justice for victims of extreme violence.

Arguments Against the Death Penalty:

• Risk of Miscarriage of Justice: Critics highlight the irreversibility of the death penalty, especially in cases relying on circumstantial evidence. While Ominikoron’s guilt was established beyond reasonable doubt, Nigeria’s history of judicial errors raises concerns about wrongful convictions.
• Human Rights Concerns: International human rights organizations, such as Amnesty International, argue that the death penalty violates the right to life. Nigeria has faced criticism for its slow judicial processes, with many death row inmates languishing for years without execution, raising questions about cruel and inhumane treatment.
• Ineffectiveness as a Deterrent: Studies suggest that the death penalty does not significantly deter crime in countries with high crime rates like Nigeria. Systemic issues, such as poverty and weak law enforcement, often play a larger role in crime prevalence.

Implications for Nigeria’s Judicial System

The Ominikoron verdict has far-reaching implications for Nigeria’s judicial system, particularly in the context of gender-based violence, public safety, and institutional accountability.

1. Strengthening Public Trust in the Judiciary: The successful prosecution of Ominikoron demonstrates the judiciary’s capacity to deliver justice in high-profile cases. The use of circumstantial evidence, forensic reports, and digital evidence (like the voice note) highlights the system’s adaptability to modern investigative techniques. However, the judiciary must ensure consistency in handling less publicized cases to maintain public confidence.
2. Addressing Gender-Based Violence: Ayanwola’s case became a symbol of the pervasive issue of violence against women in Nigeria. The court’s acknowledgment of Ominikoron’s pattern of targeting female passengers underscores the need for systemic reforms to protect women in public spaces. Justice Sonaike’s call for overhauling recruitment standards for public transport drivers is a step toward addressing this issue.
3. Scrutiny of the Death Penalty: The verdict renews focus on the death penalty’s role in Nigeria. While the sentence aligns with public sentiment, as seen in X posts celebrating the ruling, it also prompts questions about whether capital punishment addresses the root causes of crime. The judiciary must balance public demand for harsh penalties with ethical considerations and international standards.
4. Public Transportation Safety: The case exposed significant lapses in Lagos’s BRT system, including inadequate driver vetting and surveillance. The temporary suspension of BRT services in 2022 and subsequent reforms indicate a recognition of these flaws, but more robust measures are needed to prevent future tragedies.
5. Judicial Efficiency and Appeals: Ominikoron’s trial, which spanned over two years, highlights the slow pace of Nigeria’s judicial system. While the court’s thoroughness ensured a fair trial, delays in such cases can exacerbate victims’ families’ trauma. The possibility of an appeal to the Court of Appeal or Supreme Court, as seen in similar cases, may further prolong the process, raising questions about judicial efficiency.

A Call for Systemic Reform

The sentencing of Andrew Ominikoron is a significant victory for justice, but it also exposes deeper systemic issues. The Nigerian judicial system must address these challenges to ensure that justice is not only served but seen to be served consistently. Key reforms include:

• Enhanced Judicial Training: Judges and prosecutors need ongoing training in handling digital and forensic evidence to strengthen cases without direct eyewitnesses.
• Victim Support Systems: Victims of gender-based violence and their families require better support, including legal aid and psychological counseling, to navigate the judicial process.
• Reevaluation of the Death Penalty: Nigeria should engage in a national dialogue about the death penalty’s efficacy, considering alternatives like life imprisonment without parole for heinous crimes.
• Public Safety Measures: The government must implement stricter oversight of public transportation, including background checks for drivers and real-time surveillance on buses.

Conclusion: A Step Toward Justice, but More Work Lies Ahead

The conviction of Andrew Ominikoron for the rape and murder of Oluwabamise Ayanwola is a testament to the resilience of Nigeria’s judicial system in delivering justice for a crime that shook the nation. However, the death penalty, while satisfying public demand for retribution, does not address the systemic issues that enabled this tragedy. As Nigeria grapples with rising gender-based violence and public safety concerns, the judiciary must evolve to ensure swift, fair, and effective justice. The memory of Bamise Ayanwola demands not just punishment for her killer but a commitment to preventing such horrors in the future. Let this verdict be a catalyst for change, ensuring that no one else suffers her fate.