Ochanya: State court acquits husband of raping minor, federal court convicts wife of negligence



The two courts gave contradictory decisions on the culpability of the lecturer in the rape and subsequent death of the 13-year-old schoolgirl, Ochanya Ogbanje.

The Benue State High Court in Makurdi, on Thursday, acquitted Andrew Ogbuja, a lecturer at the Benue State Polytechnic, Ugbokolo, of raping and causing the death of Ochanya Ogbanje, a 13-year-old schoolgirl in 2018.

The decision contradicts another Thursday’s verdict of the Federal High Court in Makurdi, in a separate case, which convicted Mr Ogbuja’s wife for negligence over the child, after establishing that he raped the minor.

The federal court jailed Felicia Ochiga-Ogbuja five months without an option of fine for failing to protect the child from her husband, but the state High Court, about the same time, on Thursday, exonerated the man.

Mr Ogbuja and his fugitive son, Victor, who are both maternal relations of the deceased, were accused of serially raping her until she fell ill and subsequently died.

Ochanya was admitted at the Federal Medical Centre in Makurdi for two months before she died on October 17, 2018.

As the police manhunt for Victor had yet to yield any result, the Benue State government, on October 10, 2019, arraigned 54-year-old Mr Ogbuja before the Makurdi High Court on four counts of rape and Miss Ogbanje’s death.

Delivering judgement on the case, on Wednesday, the judge, Augustine Ityonyiman, of the Benue State High Court in Makurdi, held that the prosecution failed to prove its four-count charge against Mr Ogbuja.

The judge held that police investigators failed to subject the defendant to medical examination in order to match his specimen with the findings in the medical reports that were presented before the court.

In evaluating the evidence, the judge held that the two autopsy reports from the Federal Medical Centre in Makurdi and the Nigerian Police Forensic Laboratory in Lagos, left him quandary.

“I cannot pick and choose which of the autopsy reports to rely on in reaching a just conclusion of this case,” Mr Ityonyiman said.

He said while the autopsy report from the Medical Centre in Makurdi said Miss Ogbanje died of “natural cause,” the one from the Police forensic Laboratory said the deceased “suffered diseases that were related to sexual abuse.”

Despite narrating her ordeals at the hands of the Ogbujas in a video — tendered before the court, Mr Ityonyiman said: “it is regrettable that the deceased could not tell her story before she died.”

“I hereby acquit and discharge the defendant of all the four counts charge,” the judge held.


Another court convicts wife for negligence

However, in Mrs Ogbuja’s case which coincided with that of her husband, on Thursday, the judge, Mobolaji Olajuwon, of the Federal High Court in Makurdi, held that the defendant failed in her duty to protect Miss Ogbanje from “being sexually abused by her son, Victor.”

The National Agency for the Prohibition of Trafficking In Persons (NAPTIP) had charged Mrs Ogbuja with negligence leading to the rape and death of Ochanya.

The anti-human trafficking agency accused Mrs Ogbuja of failing in her duty to protect the deceased teenager from “being raped” by her husband and son, Victor.

In her verdict, Mrs Olajuwon held that “Ochanya was being abused by the son of the defendant, but the “defendant who owed” the deceased girl “the duty of care to ensure that she was protected from such an act,” failed in doing so even when Mrs Ogbuja’s daughter, Winifred, drew her attention to the sexual assault.

The judge noted that Mrs Ogbuja “made it impossible for the NAPTIP investigating officer to see and interrogate” her daughter, Winifred, in the course of the investigation of the matter.

Agreeing with the prosecution, the judge said “the evidence that Ochanya told the defendant (Mrs Ogbuja) about what was going on, and was not successfully challenged” proved NAPTIP’s case.

The judge also held that Mrs Ogbuja failed to challenge the prosecution’s evidence that she “threatened to send Ochanya out of her house if she told anyone about the sexual abuse. This evidence has neither been challenged nor controverted.”

“The defendant failed to perform her duty as it concerned the wellbeing of Ochanya, particularly as it comes to her protection from being sexually abused,” Mrs Olajuwon said.

Recalling the prosecution’s evidence, the judge said “the fourth prosecution witness in his testimony, said Ochanya upon been presented for medical examination, complained of passing urine uncontrollably and had serious pain at the lower abdomen.”

“When Ochanya was examined, it was discovered that the membrane covering the vagina opening was not there, which is an indication that Ochanya had been disvirgined.”

“During examination it was discovered that Ochanya had urinated on her bed as she could not hold her bladder.

“The medical report further stated that a working diagnoses of the faecal and urinary incontinence in a sexually abused child was made,” the court held.


‘Harm would have scarred Ochanya for life’

Detailing Miss Ogbanje’s ordeal at the hands of the Ogbujas, the judge held that aside the physical injuries inflicted on the deceased, “the (sexual) abuse itself would have scarred her for life, and I so hold.”

The court held the prosecution had been able to prove all the ingredients contained in count one of the charge.

“I hold that the defendant is guilty as charged in respect of count one.

” hold that the defendant is guilty as charged contrary to Section 314 of the Criminal Code and she is hereby convicted,” Mrs Olajuwon declared.


Sentencing

Before sentencing the convict, Mrs Ogbuja’s lawyer, Abel Onoja, pleaded for leniency.

In his allocutus, Mr Onoja called two witnesses in frantic efforts to save Mrs Ogbuja.

The two witnesses -Austin Ochiga and Alexande Ugbe – both testified to the good conduct of the convict whom they described as a “Christian” and a “Lady of the Saint Molumba Nighthood of the Catholic church.”

Messrs Ochiga and Ugbe said the convict had no record of previous convictions, urging the court to “temper justice with mercy.”

After listening to the defence lawyer’s plea for clemency, the judge sentenced Mrs Ogbuja to five months imprisonment without an option of fine.

“Taking into consideration the testimonies of witnesses that testified to the defendant’s character, the number of months contained in the law shall be reduced by the court.

“Therefore, the defendant is sentenced to five months imprisonment with no option of fine,” the court held.


The burial of Ochanya Obaje


Backstory

Miss Ogbanje in search of a sound education, left her rural home at Ogene-Amejo for the Ugbokolo township, where she lived with the Ogbujas.

Mrs Ogbuja is said to be Ochanya’s maternal relation.

The Ogbujas’ residence, where they lived with the deceased, was said to be located on a street almost opposite the Emmanuel Primary and Secondary School where Ochanya obtained her primary education in Ugbokolo, Benue State.

Ochanya, who was a JSS1 pupil of the Federal Government Girls College Gboko in Benue State, died on October 17, 2018, of complications linked to alleged serial rape by Mr Ogbuja and his fugitive son.

This newspaper had reported how Mr Ogbuja was arraigned on four counts of sexual abuse of the late Ochanya during a period of over five years, which resulted in her death in October 2018.

The father and son allegedly abused the late Ochanya while she was living with them. But the son, Victor, disappeared after police started looking for him and his father over the case.

Doctors later diagnosed Ochanya of Vesico-Vaginal Fistula (VVF) attributed to serial rape allegedly by the two men.

https://www.premiumtimesng.com/news/headlines/526604-ochanya-state-court-acquits-husband-of-raping-minor-federal-court-convicts-wife-of-negligence.html

Seems confusing. I feel the report was made from the position where readers are expected to find the story so interesting and also sympathize with the woman.

But from the judgment of two separate courts and the involvement of NAPTIP, the woman could actually be guilty of whatever she's accused of

I am a man. Nothing justifies rape. Let us (men) learn to avoid every form of intimacy with ladies who either do not want us or are too young for us. Please. Rape allegations, in most cases, are false. But silly men do things that bring shame upon the male gender.

If you know say you try read like 10 lines of the first post come discover say e de confusing and scroll down see say e de too long, gather here make we know ourselves.

Damnnn niggarrrr
Isoright

He said while the autopsy report from the Medical Centre in Makurdi said Miss Ogbanje died of “natural cause,” the one from the Police forensic Laboratory said the deceased “suffered diseases that were related to sexual abuse

Nigeria
Confusing themselves for common simple assignment

Mak i just dey prepare to discharge leave this country

What a very sick verdict! I can't remember the last time a Nigerian court found anyone guilty for the crime they committed, foolish country.

although I didn't read it much cus of confusion.. all I want to say is those guys that rape are abnormal.. if your body dey scratch why no visit olosho or least masturbate..Not that you will be jailed for something you forcefully do that didn't last you more than 5 minutes.. really absurd and pure wickedness

So the judiciary still failed to give justice to this young girl, for the son to still be at large tells a lot and for the courts to give conflicting sentences for the wife and the husband, finding the wife guilty of negligence of the actions of her husband against the girl that lead to her death and then finding the man not guilty of a crime his wife is been jailed for due to his actions against the same girl for the same case, does this even make sense?

And someone will tell me I should believe in the Nigerian judiciary system

Justice has failed the innocent girl

This matter no too clear abeg.

I knew it.
This is the danger of public and social media trial of people. The courts are not swayed by public opinions or sentiments. Lady Justice is blind, or hence the blindfold.

The court rules in favor of any party that can PROVE its case without ambiguity.

The police or prosecution are lazy and do not adequately prepare for trial, nor pursue evidence in cases.

Delivering judgement on the case, on Wednesday, the judge, Augustine Ityonyiman, of the Benue State High Court in Makurdi, held that the prosecution failed to prove its four-count charge against Mr Ogbuja.

The judge held that police investigators failed to subject the defendant to medical examination in order to match his specimen with the findings in the medical reports that were presented before the court.

In evaluating the evidence, the judge held that the two autopsy reports from the Federal Medical Centre in Makurdi and the Nigerian Police Forensic Laboratory in Lagos, left him quandary.

“I cannot pick and choose which of the autopsy reports to rely on in reaching a just conclusion of this case,” Mr Ityonyiman said.

He said while the autopsy report from the Medical Centre in Makurdi said Miss Ogbanje died of “natural cause,” the one from the Police forensic Laboratory said the deceased “suffered diseases that were related to sexual abuse.”

Season of confusing confusions. Whoever gave or support giving that poor girl such a stupid name is also guilty and should be sent to prison.

This is just too sad...

Oyyana

Negligence as how, oh lord and the court will still use judicial presence in subsequent cases we're doom

I don't really understand this court judgement

Was her name really ogbanje ??

Hmmm... Nigerian courts will always embarrassed you!! No hope for commoners to obtain justices in Nigeria legal system...!!

A wise man once told me "At the long run, we are all dead"

Hmmm

dre11:

The Benue State High Court in Makurdi, on Thursday, acquitted Andrew Ogbuja, a lecturer at the Benue State Polytechnic, Ugbokolo, of raping and causing the death of Ochanya Ogbanje, a 13-year-old schoolgirl in 2018.

The decision contradicts another Thursday’s verdict of the Federal High Court in Makurdi, in a separate case, which convicted Mr Ogbuja’s wife for negligence over the child, after establishing that he raped the minor.

The federal court jailed Felicia Ochiga-Ogbuja five months without an option of fine for failing to protect the child from her husband, but the state High Court, about the same time, on Thursday, exonerated the man.

Mr Ogbuja and his fugitive son, Victor, who are both maternal relations of the deceased, were accused of serially raping her until she fell ill and subsequently died.

So a man and his son serially raped a 13-year old who happens to be maternally related to the man, yet man was exonerated? Why?

Isn't this what evil is?

Nawa oh

Say NO to Rape

Oh my goodness! We are finish in this country. Acquitting a rapist and convicting the grieve.

Please if you know any case where a poor person got justice in court, please share with us, I have not seen any..