2. Ochanya was only 8 years old when she left her village in Ogene-Amejo for Ugbokolo township of Benue State to live with her maternal relatives – the Ogbuja’s – in order to attend school, as there was none in her village. Soon after, the...
3. ... couple's son, 19-year-old Victor, started raping Ochanya. On one of such days, Victor's sister, Winifred, caught him in the act. Winifred reported to their parents. Mrs. Ogbuja scolded her son, Victor, but threatened Ochanya that she would be sent...
4) ...back to her village should she tell anyone. On the other hand, 51-year-old Mr. Ogbuja (a Catholic Knight and a Lecturer at the Benue State Polytechnic) started raping Ochanya.
Following the continuous sexual abuse by father and son, Ochanya started...
5) ...falling ill as she had developed Vesicovaginal Fistula (VVF) which caused her to, among others, defecate and urinate involuntarily and uncontrollably (fecal and urinary incontinence) while enduring serious pains in her lower abdomen.
6) Ochanya died on October 17, 2018 at age 13, after over two months of admission at the Federal Medical Centre in Makurdi, Benue State. Victor Ogbuja disappeared soon after and the fugitive is yet to be "found" till date. Suffice to say, the Ogbuja's are a...
8) ...Court in Makurdi by NAPTIP against Felicia Ogbuja bothering on two main issues: first, negligence and failure of her duty of care to protect Ochanya from being abused by her husband and son; and, second, for obstruction of justice because Mrs. Ogbuja...
9) ...made it impossible for the investigating officer to see and interrogate her daughter, Winifred.
On April 28, 2022, the court, presided over by Justice Mobolaji Olajunwo, convicted Mrs. Ogbuja, holding she failed in her duty to protect Ochanya from...
11) ... was because the judge, Mrs. Olajunwo, considered the allocution submitted by two character witnesses who, before the sentence was pronounced, pleaded for leniency/clemency, asking the judge should temper justice with mercy.
12) The second case is the criminal case instituted on October 10, 2019 at the Makurdi High Court by the Benue State government against Andrew Ogbuja on a four-count charge of rape that resulted in Ochanya’s death. Victor Ogbuja, was, however, not joined...
13) ...in the suit as the manhunt on him was said to still be on.
Also on April 28, 2022, the court discharged and acquitted Andrew Ogbuja of all four-count charge of rape and the eventual death of Ochanya because it said the prosecution failed to prove...
14) ...the case of rape against Mr. Ogbuja. Justice Augustine Ityonyiman, in his judgment, mentioned two key reasons upon which his decision was based. First, that the police investigators failed to subject the defendant to medical examination in order to...
16) ...Ochanya died of natural cause, the other from the Nigerian Police Forensic Laboratory in Lagos said she died from diseases suffered as a result of the sexual abuse. Hence, Justice Ityonyiman held that in evaluating the evidence, he cannot...
18) ...evidence wherein Ochanya, before her death, in an interview with an AIT reporter (who was also a witness) narrated her ordeal in the hands the Ogbuja’s.
THE SOCIETY
Ochanya’s death sparked the #JusticeforOchanya hashtag on social media which trended for days before...
19) ... it fizzled out. There were also many protests especially in Benue State as people called for prosecution of the alleged perpetrators and justice for Ochanya and her family.
Ochanya Elizabeth Ogbanje was only a 13-year-old innocent child who met her...
20) ...untimely death in her quest for education which had only just started, being a JSS 1 pupil of Federal Government Girls College, Gboko, Benue State. Ochanya endured five whole years of sexual assault in the hands of men meant to protect her. The VVF...
21) ...and its complications that led to her death is what is expected when perverts engage in sexual intercourse with an 8-year old child whose reproductive organs were still being formed.
Ochanya deserves justice, even in death. The least the society...
22) ...owes Ochanya is to ensure this is not swept under the carpet as with other cases involving highly connected personalities. It is hoped that the Benue State government will appeal the miscarriage of justice regardless of the influence and connections...
23) ...of the perpetrators. Importantly, also, Victor Ogbuja, who remain at large, should be fished out and made to answer to his involvement in Ochanya’s death.
Justice, in this case, is not only for closure for her parents and the society, but would be a...
24) ...strong message to every Nigerian child, while emboldening and encouraging victims and survivors to speak out even as we break the culture of silence, as well as serve as deterrence.
1. Getting justice for victims and survivors of rape in Nigeria remain problematic. Even in the face of explicit, undeniable, and admissible evidence, issues bordering on "technicalities" are used as excuses to frustrate justice.
We must all be worried...
2)... about today's concurrent judgments at the Federal High Court (Makurdi) on the civil case of negligence brought against Mrs. Felicia Ogbuja, and that of the Benue State High Court on the criminal case of rape against Mr. Andrew Ogbuja and his...
We'd fail previous and upcoming generations if we, as a society, allow Ochanya Ogbanje's case go without the justice she truly deserves. We must not be a people that easily moves on after the initial dust of shock...
Can a legal case of negligence be brought against #ChrislandSchools?
Straight answer: YES!
1) Negligence occurs when a person - or an institution as is this case, fails to be careful, and that carelessness leads to damage. Oxford Dictionary defines negligence as “the failure...
2) ...to do or recognize something that a reasonable person would do or recognize.” Negligence is a civil wrong or tort and it is a ground for legal liability.
In the #ChrislandSchools incident, there is clearly an omission or failure to take necessary actions and exercise...
3) ...the standard of care that a reasonable person or institution will take in protecting the children against the risk of sexual activities and the consequences arising therefrom. This is particularly so in our overly sexualized world and considering that sexual activities...
1. "Statutory rape" comes to play if a person (presumably an adult) engages in nonforcible (or consensual) sexual activities with a minor. It is "statutory rape" because one of the parties has not attained the...
2) ...statutory age of consent. By Nigeria's Statutory Law, particularly section 31 of the Child Rights Act, 18 is the age of consent.
It should be noted Nigerian law does not explicitly define or provide for “statutory rape.” This means, statutory rape can only be deduced...
3) ...from the provision on statutory age of consent.
What is covered by Nigerian law is the general case of “rape”, and no exemption under any of sections on rape explains Nigeria’s legal position when the perpetrator and victim are under the statutory age of consent.
1. This graph is from my Baze University student portal. It shows my GPA per semester on a scale of 0 - 4. I did 8 semesters, having started from 200 level, as direct entry. But, beyond showing my grades, the graph depicts my bumpy ride to a 1st Class degree in Law.
Follow me...
2. At the time I started the Law program, I was going through the most difficult phase of my life. As you can see, I had the lowest GPA at that time. At some point, giving up became an option; perhaps, it'd satisfy those that labelled me an irresponsible career woman.
3. Save for two close friends who defiantly cracked through my walls, I kept to myself the deep depression that had become my reality.
It was at the bridge above Berger roundabout in Abuja. I had parked to send a short message. A young boy passed, pushing a cart. He looked tired. I stopped him and gave him N1k. He thanked me and left.
About 3 minutes after, just as I finished and about leaving the spot, a guy came wearing a black 'coat', and flung open the passenger side door. It was not locked as the central lock engine has been bad. In panic, I screamed, and tried to start the car. I was confused.
/2
To free my right hand, I threw the phone on the passenger side seat. He grabbed it, my bag and the N19k that was remaining on the seat. I didn't realize the car had been on. I switched it off. Then on. I was too confused to push the gear to drive. I even put on the CD player.
/3
A sex worker called police on my driver saying he looks like the man that robbed her at about 3am on 4th March. He's been locked up since Saturday night. The lady has refused to come to the station and stopped picking her calls. She claimed...
...the person used a knife to cut her while robbing her of her phone and bag. That she bit the person and also cut the person with the knife causing injury on him; and that was how she escaped. My driver's body has been checked, no scar of such. He's been weeping like a child.
My driver explained how tens of 'ashawos' gathered on him; and how once the screeming started, no one could hear his side until the police came.
I'm fagged out, sleepy, and hungry; but sitting here for some hours is nothing but more lessons about life, and us!