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Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig - Crime (4) - Nairaland

Nairaland Forum / Nairaland / General / Crime / Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig (42548 Views)

SARS Officer Who Raped Ochanya Samson Arrested. Photos / Ochanya: Andrew Ogbuja's Wife, Felicia, Arraigned In Court. Photo / Ochanya Ogbanje: Benue Street Named After Girl Raped To Death By Uncle & Son (2) (3) (4)

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Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Richarlison640(m): 1:19am On Apr 29, 2022
Benue and bad news again
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by altteemy: 1:46am On Apr 29, 2022
FutureIsFemale:
Oh my goodness! We are finish in this country. Acquitting a rapist and convicting the grieve.

The case was between the state versus the Ogbuja family members. The deceased girl is Ogbanje who was living with their family.

While one court failed to find Mr. Ogbuja guilty of rape despite the girl's video evidence, the other was able to find Mrs Ogbuja guilty of negligence in protecting the girl in her care and cover up of the rape when the girl voiced out.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by SmartyPants(m): 2:09am On Apr 29, 2022
Karlovych:
embarassed 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.


That's illogical. Aren't you aware that our prisons are overpopulated?

Aside from those in remand, awaiting trial, how do you think the others got there? Besides in this same article one person was indeed convicted.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by SmartyPants(m): 2:11am On Apr 29, 2022
Lukenitheooo6:
Negligence as how, oh lord and the court will still use judicial presence in subsequent cases we're doom

The truth is that you aren't reading a Court judgment. You are reading an interpretation and summary of a Court judgment by a reporter who may not fully understand what is going on in the Court. Find the judgment - from all indications, what the woman did was aiding and abetting.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by SmartyPants(m): 2:15am On Apr 29, 2022
.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by bitbillionaire: 2:34am On Apr 29, 2022
@the bolded: YES. You have to believe In the Nigerian judiciary!

You see, the judiciary is not Father Christmas dashing justice out of mercy, sentiment or emotion! You need to be able to prove beyond REASONABLE DOUBT, with solid evidence, that the person you are accusing actually committed the offence. I don't know why it's so hard for people to get this!

In this case, the police failed to do their job thoroughly. So it's not the judiciary's fault.


Brendaniel:
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
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by lexy2014: 2:45am On Apr 29, 2022
Officialgarri:
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

Very true. That being said, if the woman is guilty of negligence as pronounced by the court, it then means that her husband & son are guilty of rape
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by lexy2014: 2:47am On Apr 29, 2022
bitbillionaire:
@the bolded: YES. You have to believe In the Nigerian judiciary!

You see, the judiciary is not Father Christmas dashing justice out of mercy, sentiment or emotion! You need to be able to prove beyond REASONABLE DOUBT, with solid evidence, that the person you are accusing actually committed the offence. I don't know why it's so hard for people to get this!

In this case, the police failed to do their job thoroughly. So it's not the judiciary's fault.



True but How did the same judiciary come to the conclusion that the woman was negligent and why are the accused on the run?
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by bitbillionaire: 3:05am On Apr 29, 2022
Because the organisation that brought the case against the woman did excellent investigative job and were able to prove their case against her which she didn't deny according to the judge. But the police that took the husband to another court could not do thorough investigation to prove the man is truly guilty! Remember these are two different courts.

But then, I believe if the case is appealed and the police finally do their job well, the man may not go scot-free


lexy2014:


True but How did the same judiciary come to the conclusion that the woman was negligent and why are the accused on the run?
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by lexy2014: 3:30am On Apr 29, 2022
bitbillionaire:
Because the organisation that brought the case against the woman did excellent investigative job and were able to prove their case against her which she didn't deny according to the judge. But the police that took the husband to another court could not do thorough investigation to prove the man is truly guilty! Remember these are two different courts.

But then, I believe if the case is appealed and the police finally do their job well, the man may not go scot-free



U absolutely right
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by IamAsiri: 3:39am On Apr 29, 2022
Premiumwriter:
the girl was raped.

But the husband didn't do it. So STATE COURT acquitted him.

FEDERAL HIGH COURT on the other hand sentenced the mother to jail because she didn't protect the girl from rapists.

Now no one knows who raped the girl. Most probably the son on the run sha.

There is a difference between "the husband didn't do it" and "it couldn't be proven that the husband did it". The latter most times is usually due to incompetence in the hands of the prosecutors or the policemen needed to provide evidence (deliberately or just plain incompetence).

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Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by anonimi: 4:20am On Apr 29, 2022
kingphilip:
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.

An assembly of Buhari’s lazy youths

1 Like

Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by harmony75: 4:21am On Apr 29, 2022
#Justiceforogbenja what did I just read the judgement is a quitting the rapist man!? So this is all Benue State government can do for this innocent child life that was cut short? The evil son is still not yet arrested? This man has bribed the judges as a lecturer he has the means, but God will surely deal with everyone that does want late ogbenja to have justice.. No no I weep! omg!!!! I'm so sad � that child was tortured as sex slave from her uncle and his son even the sentence for the aunt is laughable. These family are just left to go scout free!? This judgement is disgraceful to our judicial system?

2 Likes

Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by TheMostComplex1: 4:23am On Apr 29, 2022
fkj950ax:
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.

It's intentional to confuse the judge because those investigating the matter collected bribe. May the almighty judge them

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.”
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Nobody: 4:37am On Apr 29, 2022
All in all, the rape case failed because the two autopsies done on the deceased did not agree on the cause of death (which is what happens atimes...autopises are not the magic bullet we think they are). One said natural causes, the other said sti's caused it.

And inasmuch as I think and believe the accused did the crime, courts rule on available evidence. The problem with rape is that you need to get the evidence within 1-2 days after the rape. And that can be problematic...many rapes don't get reported on time for a host of reasons.

Anyway, that's the way the cookie crumbles. The Law is fair, but it can only act on available evidence, not on what we wish the evidence was.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by zikter(m): 5:12am On Apr 29, 2022
fkj950ax:
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.”
You are right, many Nigerians are lazy to read, even the headline is sensational compared with the body. I read through the two judgement and cannot see contradiction. The federal high court convicted the wife due to negligence base on abuse by victor, the son who is at large. The state court discharged the man base on shoddy case presentation by the prosecution. The judge did well by discharging him, BASED on the EVIDENCE before him. Nobody should blame him but the prosecution

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Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Emaprince: 5:16am On Apr 29, 2022
Since the woman tried to gag the little girl from exposing her families atrocious acts on the minor she is complicit too..and means the men are really guilty.

From the story , that little girl really suffered before dieing. The judge failed honestly. The whole familly should be jailed for years.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Oyiboman69: 5:20am On Apr 29, 2022
FutureIsFemale:
Oh my goodness! We are finish in this country. Acquitting a rapist and convicting the grieve.
the woman in her attempt tried to shield her son but tried every possible means to rope her husband. She prevented the organization from reaching her daughter who initially drew her attention to the issue at first. She thought she could drew sympathy from the public and the law without proper evidence. The court cannot in it's power jail a man without substantial evidence.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Tremendous2018: 5:34am On Apr 29, 2022
SERIOUS MATTER
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by cecaberit: 5:49am On Apr 29, 2022
shocked

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Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Nobody: 5:50am On Apr 29, 2022
bitbillionaire:
Because the organisation that brought the case against the woman did excellent investigative job and were able to prove their case against her which she didn't deny according to the judge. But the police that took the husband to another court could not do thorough investigation to prove the man is truly guilty! Remember these are two different courts.

But then, I believe if the case is appealed and the police finally do their job well, the man may not go scot-free



The police did do well, to be honest, but the main issue was there were 2 autopsies, whose results contradicted each other (happens, experts do disagree ).

Also, rape cases. In that kind of case, ye have to get evidence within the first 24-48 hours after the rape. Sadly that was not possible in this case.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by dominique(f): 5:51am On Apr 29, 2022
What exactly were the natural causes she died from? STD and VVF are also "natural causes" which the poor little girl suffered from before she died. That the police and court actually accepted such ambiguous autopsy results show they're as useless and incompetent as their state governor. Shame on you BSU teaching hospital, shame on you Benue police, shame Benue court.

Pedophiles must be rejoicing over this verdict. They can now go on violating little girls and let their wives take the fall for it. All they have to do is say they didn't do it and their wives that are supposed to protecting the girls failed to do so. And to you women that look the other way while the animals you married are violating the underaged little girls under your care, I hope you get thrown into jail like this useless woman.

Since Ochanya was under the custody of both the woman and her husband, I think it is fair that the man is arrested for negligence too. Or is protecting a child is the sole responsibility of the wife? That man and his son may have escaped justice from the the court of law, what they will never escape is the law of karma.

3 Likes

Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by benuenews: 5:51am On Apr 29, 2022
This man must not escape Justice... I hope he is brought before the Federal High Court.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by DaInferno(m): 6:03am On Apr 29, 2022
Them suppose sentence this judge for wrong verdict...how can the man be freed and the wife who doesn't have direct cause to the death be remanded? undecided
The judge and woman get personal issue?
Naso them dn d do?
Did she know?! And if she did, what would she have possibly done to her husband? Throw him out?

Omo, so many questions, make she go supreme court jo
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by LongBig(m): 6:22am On Apr 29, 2022
Yam pepper scatter scatter caused by confusion birthed from contradictions
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by bammo: 6:24am On Apr 29, 2022
FutureIsFemale:
Oh my goodness! We are finish in this country. Acquitting a rapist and convicting the grieve.
I hope you guys will do something about it
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Excuzeme: 6:26am On Apr 29, 2022
immortalcrown:
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.


The case, as usual, reeks of shoddy investigation, by our Police.

The Man is supposed to be the "primary accused" but he has been acquitted.

So, it is very strange that the Wife, who is not even an accomplice but someone in position of "locus parentis" and alledged to "fail to discharge her duties", is being convicted for an offense, which in the eyes of the Law, (based on the Court's Decision on the husband) DID NOT EXIST or OCCUR!

If l were the Wife, l will file an Appeal and refer the Higher Court to the Judgment of the Federal Court, you cant convict someone for an offense that did not happen. I am 100% certain she will win the Appeal

Now, that little girl died and that is very sad, whether an offense of rape exists or not.
But from the established facts of the case,...

- she died two months after being taken to the Hospital
- The Man's Semen was never matched with any DNA inside the little girl (the most important evidence!)
- Medical report said she died of not Rape but secondary ailments, which could have been caused by anything else, aside being raped, including septicemia, infection and/or medical negligence at the hospital.

For an offense as grievous as rape, the "Burden of Proof" has to be "Beyond Doubt" and this was certainly not the case.

But it is startling to note that the Male Judge acquitted the Husband while the Female Judge convicted the wife (and would have convicted the Husband, if brought before her!
Could the female Judge be a "Covert Feminist", because l know many of them have infiltrated our Judiciary?
No matter what any man says, he will always be guilty before such unfit Judges.


My Opinion though.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Teymanhenry(f): 6:32am On Apr 29, 2022
Karlovych:
embarassed 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.

have you been following Johnny Depp and Amber Heard's case? You'll realize that court cases are never as straightforward as we think they should be.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by fkj950ax(m): 6:44am On Apr 29, 2022
FutureIsFemale:
Do you know the meaning of feminism? Wetin concern feminism and rape here?

I do. And I understand you don't. If in doubt, read all you posts in the past 5 days

The thread is also not about rape, but about the victim not getting justice because the prosecution bungled the case.

I know comprehension is a problem for you, so I took time to explain in very short sentences what the thread is above.
Re: Ochanya Rape: State Court Acquits Husband, Federal Court Convicts Wife Of Neglig by Originalsly: 6:47am On Apr 29, 2022
To me..... the Federal Court made the right decision to sentence the wife... she should spend a longer time in prison. I'm glad bail is not an option... let her act be known in prison... Karma will take care of her.
The State Court had set out to exonerate the husband. Why would we expect them to convict a demi god lecturer? The video evidence by the victim had no weight... not having sperm evidence meant everything. Karma has a way.... he is a lecturer ... known by many... he cannot hide ... his deed is known ... a pedophile let loose by the State Court ... his end can never be good... and those who set him free shall pay one way or other. I hope somehow the matter goes up to the Federal Court.

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