For anyone that has followed the case of late Ochanya Christiana Ogbanje since 2018, Thursday, April 28, 2022, must have been a sad day for her.
Christiana, a 13-year-old girl was said to have died from complications from years of serial sexual abuse by her aunt’s husband, Andrew Ogbuja, a lecturer at the Benue State Polytechnic, Ugbokoloh,  and his son, Victor Ogbuja right under the nose of her aunty, Mrs. Ogbuja, who claims not to have known what was going on in her home.
Victor (younger Mr Ogbuja), was said to have started sleeping with Ochanya when she was eight years old. His sister, one day caught him in the act and reported to their father who scolded him and afterwards also started defiling her until she fell ill, was admitted at the Federal Medical Center, Makurdi, but died about two months later, on October, 17, 2018.
Many Nigerians, including many Civil Society Organisations (CSOs) and Non-Governmental Organisations were enraged by the despicable act and the painful death of Ochanya’s and they have ceaselessly demanded and pursued justice in the case. Incidentally, the hope of seeing the primary suspect duly punished was dashed by the judgement of Justice Augustine Ityonyiman, of the Benue State High Court in Makurdi, which held that the prosecution failed to prove its four-count charge against Mr Ogbuja and therefore discharged and acquitted him.
According to the judge, the 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 and the two conflicting autopsy reports from the Federal Medical Centre in Makurdi and the Nigerian Police Forensic Laboratory in Lagos, left him in quandary.” I cannot pick and choose which of the autopsy reports to rely on in reaching a just conclusion of this case,” Ityonyiman 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”, he continued.
Incidentally, on the same day, in the city, in another court, the wife of the accused person, Mrs. Felicia Ochiga-Ogbuja, was convicted of negligence over Ochanya. The Federal High court in Markurdi jailed her five months without an option of fine for failing to protect the child from “being raped” by her husband and fugitive son, Victor.
One can understand the pain and disappointment of many Nigerians seeing Mr Ogbuja let off the hook despite all the stories linking him to the crime. But my little knowledge of criminal law states that in criminal proceedings, a person, however clear the evidence seems to be, is innocent until proven guilty. This assertion is supported by Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria and Section 135 (2) of the Evidence Act 2011.
The position of the law is that the prosecution in most criminal cases has to prove its case beyond reasonable doubt. This is the standard of proof in a criminal case. This means that the defendant will not be convicted unless the court is convinced that all the elements of the offence are present and proven. Hassan v. State (2001) 6 NWLR (Pt.709)
The phrase ‘beyond reasonable doubt’ is the conventional way of expressing the idea that the court must feel sure of the defendant’s guilt. Any doubt left in the minds of the court will be resolved in the favour of the defendant. Oguntola v. State (2007)
It is an established principle of criminal law that not only does the burden of proving a crime rest squarely on the prosecution, the standard of proof is also that of beyond reasonable doubt. The clear meaning of this is that every ingredient of the offence must be established to that standard of proof so as to leave no reasonable doubt regarding the guilt of the accused. Ojo v. F.R.N (2008) 11 NWLR (Pt.1099)
It therefore stands to reason that since the prosecution could not discharge its duty of convincing the court that the defendant committed the crime; since there were contradictory autopsy reports as to the real cause of Ochanya’s death, Justice Ityonyiman could not have erred by discharging and acquitting the accused person as being insinuated by some people.  After all, “it is better that ten guilty persons escape than that one innocent suffers.”
Fortunately, the Benue State Government has the option of appealing the judgement of the trial court. It is hoped that the government will heed the call of Ochanya’s family and other interested bodies and appeal the acquittal verdict and ensure that a capable prosecution team is put together to obtain justice for the poor girl.
Efforts should also be intensified by the police at apprehending Victor so that he can answer for his alleged crime. It is only when rapists are duly punished that others will be deterred from committing the crime and thereby reduce the high rate of the menace in the country.
The increasing cases of rape in Nigeria is a great concern to many. Scarcely a day passes without an incident of a woman, girl or infant being raped in one part of the country or another. Some of the victims are not only raped but brutalised and killed. Recall the story of how a 22-year-old 100 level Microbiology student of the University of Benin, Uwaila Omozuwa, was raped and murdered in a church in Benin a few years ago.
When the Senate in June 2015, ratified the Sexual Offences Bill (2015) which prescribes life imprisonment for rapists and those who have sexual interaction with children under 11 years, many thought that would assist in reducing rape cases in the country. Incidentally, that is not the case as many women in the country, both young and old, are daily subjected to sexual abuses. Some are reported, while many go unreported.
However, the recent judgement of Justice Abiola Soladoye of the Ikeja Domestic Violence and Sexual Offences Court should encourage Ochanya’s family, individuals, human rights organisations, civil society groups and all working relentlessly towards the curtailment of the bestial act,  attest  that there is still hope for justice irrespective of how long it may take.
The judge sentenced 54-year-old, Michael Oliseh, a pastor, to life imprisonment in addition to his name being entered in the sex offenders Register of the Lagos State Government for raping his friend’s 12-year-old twin daughters in 2017. Reports have it that the victims were defiled by the defendant after their father entrusted them in his care and travelled to the village for burial.
The defendant was charged with two counts bordering on defilement, contrary to Section 137 of the Criminal Laws of Lagos State, 2015 and the verdict was reached after the prosecution convincingly proved the charges of defilement against the defendant beyond reasonable doubt, according to the court.
But the responsibility of ridding our society of rape is not that of the CSOs alone. Every other hand must be on the deck. As the former Executive Director of Centre for Women Studies and Intervention, CWSI, Rev Sr Rosemary Ukata, advocated during a sensitisation programme on rape recently, “to win the fight against rape in Nigeria and save our society, law enforcement agents and all those responsible for implementing laws against the menace should rise to their responsibilities.  Gender desks at police stations should be made functional just as the issue of drug and other substance abuse are given more bite by the relevant bodies.”
The need for proper parental upbringing, more attention to the boychild and value reorientation of the entire citizenry  as ways of dealing with the crime cannot be over emphasised.

By: Calista Ezeaku