Opinion
Ochanya’s Case: Any Hope For Justice?
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
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Empowering Youth Through Agriculture
Quote:”While job seeking youths should continuously acquire skills and explore opportunities within their immediate environment as well as in the global space through the use of digital platforms, government, corporate/ multinational organizations or the organised private sector should generate skills and provide the enabling environment for skills acquisition, through adequate funding and resettlement packages that will provide sustainable economic life for beneficiaries”.
The Governor of Rivers State, Sir Siminalayi Fubara, recently urged youths in the Rivers State to take advantage of the vast opportunities available to become employers of labour and contribute meaningfully to the growth and development of the State. Governor Fubara noted that global trends increasingly favour entrepreneurship and innovation, and said that youths in Rivers State must not be left behind in harnessing these opportunities. The Governor, represented by the Secretary to the State Government, Dr Benibo Anabraba, made this known while declaring open the 2026 Job Fair organised by the Rivers State Government in partnership with the Nigeria Employers’ Consultative Association (NECA) in Port Harcourt. The Governor acknowledged the responsibility of government to create jobs for its teeming youth population but noted that it is unrealistic to absorb all job seekers into the civil service.
“As a government, we recognise our duty to provide employment opportunities for our teeming youths. However, we also understand that not all youths can be accommodated within the civil service. This underscores the need to encourage entrepreneurship across diverse sectors and to partner with other stakeholders, including the youths themselves, so they can transition from being job seekers to employers of labour,” he said. It is necessary to State that Governor Fubara has not only stated the obvious but was committed to drive youth entrepreneurship towards their self-reliance and the economic development of the State It is not news that developed economies of the world are skilled driven economies. The private sector also remains the highest employer of labour in private sector driven or capitalist economy though it is also the responsibility of government to create job opportunities for the teeming unemployed youth population in Nigeria which has the highest youth unemployed population in the subSahara Africa.
The lack of job opportunities, caused partly by the Federal Government’s apathy to job creation, the lack of adequate supervision of job opportunities economic programmes, lack of employable skills by many youths in the country have conspired to heighten the attendant challenges of unemployment. The challenges which include, “Japa” syndrome (travelling abroad for greener pastures), that characterises the labour market and poses threat to the nation’s critical sector, especially the health and medical sector; astronomical increase in the crime rate and a loss of interest in education. While job seeking youths should continuously acquire skills and explore opportunities within their immediate environment as well as in the global space through the use of digital platforms, government, corporate/ multinational organizations or the organised private sector should generate skills and provide the enabling environment for skills acquisition, through adequate funding and resettlement packages that will provide sustainable economic life for beneficiaries.
While commending the Rivers State Government led by the People First Governor, Sir Siminilayi Fubara for initiating “various training and capacity-building programmes in areas such as ICT and artificial intelligence, oil and gas, maritime, and the blue economy, among others”, it is note-worthy that the labour market is dynamic and shaped by industry-specific demands, technological advancements, management practices and other emerging factors. So another sector the Federal, State and Local Governments should encourage youths to explore and harness the abounding potentials, in my considered view, is Agriculture. Agriculture remains a veritable solution to hunger, inflation, and food Insecurity that ravages the country. No doubt, the Nigeria’s arable landmass is grossly under-utilised and under-exploited.
In recent times, Nigerians have voiced their concerns about the persistent challenges of hunger, inflation, and the general increase in prices of goods and commodities. These issues not only affect the livelihoods of individuals and families but also pose significant threats to food security and economic stability in the country. The United Nations estimated that more than 25 million people in Nigeria could face food insecurity this year—a 47% increase from the 17 million people already at risk of going hungry, mainly due to ongoing insecurity, protracted conflicts, and rising food prices. An estimated two million children under five are likely to be pushed into acute malnutrition. (Reliefweb ,2023). In response, Nigeria declared a state of emergency on food insecurity, recognizing the urgent need to tackle food shortages, stabilize rising prices, and protect farmers facing violence from armed groups. However, without addressing the insecurity challenges, farmers will continue to struggle to feed their families and boost food production.
In addition, parts of northwest and northeast Nigeria have experienced changes in rainfall patterns making less water available for crop production. These climate change events have resulted in droughts and land degradations; presenting challenges for local communities and leading to significant impact on food security. In light of these daunting challenges, it is imperative to address the intricate interplay between insecurity and agricultural productivity. Nigeria can work toward ensuring food security, reducing poverty, and fostering sustainable economic growth in its vital agricultural sector. In this article, I suggest solutions that could enhance agricultural production and ensure that every state scales its agricultural production to a level where it can cater to 60% of the population.
This is feasible and achievable if government at all levels are intentional driving the development of the agricultural sector which was the major economic mainstay of the Country before the crude oil was struck in commercial quantity and consequently became the nation’s monolithic revenue source. Government should revive the moribund Graduate Farmers Scheme and the Rivers State School-to-Land agricultural programmes to operate concurrently with other skills acquisition and development programmes. There should be a consideration for investment in mechanized farming and arable land allocation. State and local governments should play a pivotal role in promoting mechanized farming and providing arable land for farming in communities. Additionally, allocating arable land enables small holder farmers to expand their operations and contribute to food security at the grassroots level.
Nigeria can unlock the potential of its agricultural sector to address the pressing needs of its population and achieve sustainable development. Policymakers and stakeholders must heed Akande’s recommendations and take decisive action to ensure a food-secure future for all Nigerians.
By: Igbiki Benibo
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