Metro News
Bungled: Judge frees lecturer Ogbuja for fatal raping of 13-yr-old Ochanya Ogbaje over police failure to prove case
A Makurdi High Court in Benue State acquitted Andrew Ogbuja, a lecturer at the Benue State Polytechnic, Ugbokolo, of serially raping 13 year-old schoolgirl, Ochanya Ogbaje.
To many, the judgement was a largely justice denied for the young victim.
Ogbuja was charged on 10 October, 2019 by the Benue state government, along with his son, Victor, who has since been on the run.
They were charged with the serial raping of the girl and causing her death in 2018.
Justice Augustine Ityonyiman, however, acquitted Ogbuja in his judgment, partly anchoring his decision on the conflict in the autopsy reports on Ochanya, tendered in court.
Victim of rape Ochanya Ogbaje
Ochanya was admitted to the Federal Medical Centre in Makurdi for two months before she died on October 17, 2018.
It will be recalled that Ochanya, who was a JSS1 pupil of the Federal Government Girls College Gboko in Benue State at the time, died of complications linked to the alleged serial rape by Mr Ogbuja and his fugitive son.
Victor-Ogbuja : Fugitive son
Doctors diagnosed Ochanya with Vesico-Vaginal Fistula (VVF) – a disease attributed to the serial rape allegedly by the two men.
In a video before she died, she recounted her serial sexual abuse in the hands of the Ogbuja predators.
Delivering judgment on the case, Justice Ityonyiman held that the prosecution failed to prove the four counts against Mr Ogbuja.
He said the police investigators failed to subject the defendant to medical examination 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 two autopsy reports from the Federal Medical Centre in Makurdi and the Nigerian Police Forensic Laboratory in Lagos left him in a quandary.
“I cannot pick and choose which of the autopsy reports to rely on in reaching a just conclusion of this case,” he said.
Justice Ityonyiman added that while the autopsy report from the Medical Centre in Makurdi said Miss Ochanya died of “natural cause”, the one from the police forensic laboratory revealed that the deceased “suffered diseases that were related to sexual abuse.”
“I hereby acquit and discharge the defendant of all the four count-charge.”
But in a related case, Justice Mobolaji Olajunwo of the Federal High Court in Makurdi convicted Ogbuja’s wife, Felicia, for negligence in the rape of Ochanya.
Felicia Ogbuja was arraigned by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) over negligence that led to the rape and death of Ochanya.
The anti-trafficking agency accused her of failing in her duty to protect the deceased from being raped by her husband and son.
Justice Olajunwo held that the defendant failed in her duty to protect Ochanya from ‘being sexually abused by her son, Victor’.
According to her, the victim was being abused by Felicia’s son but the defendant who owed the girl the duty of care to ensure that she was protected from such an act failed in doing so, even when her daughter, Winifred, drew her attention to the sexual assault.
The judge said the defendant made it impossible for the NAPTIP investigating officer to see and interrogate Winifred in the course of the investigation of the matter.
Agreeing with the prosecution, she said “the evidence that Ochanya told the defendant (Mrs Ogbuja) about what was going on, was not successfully challenged,” and proved NAPTIP’s case.
Justice Olajunwo also held that Felicia 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 well-being of Ochanya, particularly as it comes to her protection from being sexually abused.”
“The fourth prosecution witness, in his testimony, said Ochanya upon being presented for medical examination complained of passing urine uncontrollably and had serious pain in 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,” the judge stated while recalling the prosecution’s evidence.
Felicia’s lawyer, Abel Onoja, pleaded for leniency and called two witnesses in frantic efforts to save his client.
Justice Olajunwo sentenced Felicia to five months imprisonment without an option of a fine, after listening to the plea for mercy.
“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,” she held.
Ochanya in search of a sound education, had left her rural home at Ogene-Amejo for Ugbokolo township where she lived with the Ogbujas.
Felicia 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.
It is not clear yet whether the Benue government will appeal Ogbuja’s acquittal.
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