Child sexual abuse – Ochanya Ogbanje: Test of Nigeria’s messy prosecution

One year after the death of Ochanya Ogbanje, Benue-born teenager, whose quest for western education became her undoing as she was reportedly sexually abused by her foster family, leading to her untimely as a result complications from sexual-related diseases, there has been no meaningful effort towards securing justice for her. In this report, TOPE SUNDAY asks: will justice be served?

The third quarter of 2018 witnessed different forms of protects to demand justice for late Ochanya Ogbanje, who was alleged to have been raped to death by a lecturer at the Benue state Polytechnic, Ugbokolo, Mr Andrew Ogbuja and his son, Victor.

Amidst this, one of the alleged assailants, Andrew, was arrested and detained but his son, Victor was said to have disappeared into a thin air. Almost a year after the incident, nothing much seems to be walking in the way of justice for late Ochanya.

Her travail

The late victim of child sexual abuse, hailed from Ogene-Amejo in Okpokwu local government area of Benue. Born to the family of Mr Michael and Mrs Rose Abah-Ogbanje in 2005, she lived for 13 years.

The deceased had wanted to be well-educated in life but her life was cut short by the evil perpetrated against her by the alleged assailants.

According to her elder brother, Ameh John Ejekwonyilo, an Abuja-based Journalist, Ochanya while on her sick bed in August, 2018, continued to re-echo her passion for education.

He said: “Permit me to recall my last conversation with Ochanya in August this year when we met in Makurdi. She spoke passionately about her desire for education and the health challenges disrupting her dream.

“In tears, Ochanya to me: “Brothers, I don’t want to fall sick again. I want to go back to school. This dream, which invariably propelled her out of our community, now remains unfulfilled.’’

The unfulfilled dream of late Ochanya has left her mother in regret to the extent that she declared that she shouldn’t have allowed her to go to school.

“If I had any inkling that my daughter would perish this way, I would never have allowed her to go to school. Patapata, I could have sent her to stay with her elder siblings much later when they are more settled, then she can go to school,” mama Ochanya said. 

Her journey to untimely death

In 2011, the only primary school in Ogene-Amejo community, a stone-throw from Ochanya’s family house, was shut down due to non-payment of teachers’ salaries, multiple sources say.

Government’s failure to renovate the only primary school in Ochanya’s community forced the little girl out of her parents’ house to her aunt’s place in Ugboloko.

It was gathered that the deceased moved with Mrs Felicia Ogbuja, a cousin to her, at the age of seven in 2012 to get quality education.

But this was never closer to reality as she walked into the arms of alleged sexual predators, Mrs Ogbuja’s husband and son, who began molesting her sexually at age eight.

Victor, eldest of the five children of the Ogbuja family, allegedly began sexually assaulting her months after she moved in. Later when Victor was caught in the act and reported to his father, Mr Andrew, the illegal did not stop. Rather, Mr Andrew was alleged to have also raped the innocent girl repeatedly.

Late Ochanya in her account of her travail before she finally departed to the world beyond said: “When I was eight years old, the son started sleeping with me and when his sister caught him, she reported him to their father and the father scolded him. From there, the father also started sleeping with me.”

Recounting her last moments with Ochanya, the Founder,  Restorer of PathCare Foundation, Otukpo, Evangelist Enuwa Margaret Soo, said prior to her death, the 13-year-old could neither walk, speak nor eat.

“When I came back from an outing on a certain Friday, one of the girls informed me that Ochanya said she was cold. I went in and discovered she was running a temperature,” she said.

“One or two days later, Ochanya could no longer make use of her legs. She was becoming lifeless from her waist downwards. Before then, she had challenges controlling her urine. Her mother told me about her condition.

“All through Ochanya’s days here (June to October 2018), she was on diapers. Before she died, she was in so much pains but she could not talk or eat. That girl went through so much. From age eight to thirteen, she was constantly in and out of the hospital.”

Why justice must prevail

Ochanya’s elder brother, Ejekwonyilo, said the demand for justice was not for vengeance but rather to prevent girls from being victims of sexual abuse.

“On behalf of the family, we wish to unequivocally state that our request for justice is not borne out of vengeance. For us, no amount of punishment which ought to be handed to the alleged culprits if found guilty, will be deemed adequate to the pains and torture our little baby had been subjected to for several years.

“The logic of our quest for swift justice, like other well-meaning individuals and organisations from across the length and breadth of the country is to ensure that with justice, little girls and vulnerable women within our community in particular and Nigeria as a whole will be safer from pandemic of sexual violence. We are convinced that this is why Nigerians and the world are united in demanding justice for Ochanya.’’

Also, Ochanya’s father, Michael said the judiciary is the only hope of the family in getting justice for their late daughter. He was quoted by Pulse.ng to have said: “I have many children but Ochanya is the youngest. I can never forget her death. I have lost so much weight since she died because she is always on my mind. Whenever I see her grave, I become inconsolable.

“As I speak to you, I am seriously sick. Ochanya was such a brave child who wanted quality education. This was why she could defend herself the way she spoke fluently in court.

“I want to appreciate the government for how far the case has come because I have no power to tackle this matter. If it wasn’t for the government, I could have done nothing because he (Mr Ogbuja) is well connected in the society.

“My plea is that this case ends well because we’re afraid that if justice is perverted, he (Mr Ogbuja) will come and confront us.” 

One year after, where is justice?

One year after, justice for Ochanya is not in sight and as the saying goes justice delayed is justice denied. This is as one of the alleged culprints, Victor, remains in the winds.

According to the victim’s brother, Ejekwonyilo, the alleged perpetrators are those who have political connections and are powerful.

He said Victor Ogbuja has been on the run since the incident and no one was talking about it. He said the police were yet to give reasons on why he is yet to be apprehended.

Also, aside August 2019, when Mr Andrew was arraigned before a Makurdi Chief Magistrate Court and later granted bail, he was finally arraigned on Thursday, 10th October, 2019 before the Makurdi High Court.

At Thursday’s proceedings, a four-count charge bordering on rape and murder was read to Mr. Ogbuja, 54, and he pleaded not guilty. Following his not-guilty plea, the prosecuting lawyer, Mr. P. M. Ukande, Deputy Director, Public Prosecution, Benue State, urged the court to remand the defendant and fix a date for trial.

The Defence Lawyer, Mr. Abel Onoja, said he was not against the application for trial.

However, Onoja prayed the court to make an order to compel the prosecution to ensure that the medical experts named in the suit are physically brought before the court to testify.

“My Lord, I have a motion which seeks to compel the prosecution to produce medical experts who have been mentioned in the proof of evidence to be put on notice as to their physical appearance in court, so that they can testify when the trial commences,” the defence lawyer said.

Reacting to the application, the Prosecuting Counsel said it was “premature to come up with such a request, given the fact that the trial has not fully commenced.”

The trial judge, Justice Augustine Ityonyiman, while agreeing with the prosecution, overruled the defendant’s application, stating that “it is premature.”

Subsequently, the court adjourned the suit to November 14, 2019, for commencement of trial.

The charges

Count one of the charges reads: “That you, Andrew Ogbuja, male and one Victor Ogbuja, your son who is now at large between 2013 and 2015 at your residence in Ugbokolo town, Okpokwu Local Government Area of Benue State within the jurisdiction of this Honourable Court agreed to do illegal acts, to wit: severally rape one Elizabeth Ochanya Ogbanje from the age 7 to 13 years when she was placed under your care and same acts were done pursuant to the said agreement and you thereby committed an offence punishable under section 97 of the Penal Code, CAP. 124 Laws of Benue State, 2004.

Count four: “That you, Andrew Ogbuja, male and one Victor Ogbuja, your son who is now at large between 2013 and 2015 at your residence in Ugbokolo town, Okpokwu local government area of Benue state within the jurisdiction of this Honourable Court intentionally caused the death of one Elizabeth Ochanya Ogbanje, a minor, aged 13 years placed under your care and lived with your family in that between 2013 and 2015 when she was between 7-13 years old, you raped the said Elizabeth Ochanya Ogbanje severally as a result of which she died in October, 2017 of sexual abuse related disease and you thereby committed an offence punishable under section 222 of the Penal Code CAP. 124 Laws of Benue State, 2004,” among other counts.’’

Nigerians press for justice

However, some concerned Nigerians have continued to demand that justice should prevail in Ochanya’s case

The former Chairman, Governing Board of National Human Rights Commission (NHRC), Professor Chidi Odinkalu, said Nigeria could not afford to continue abusing Ochanya in death and demanded for justice.

“A country sacrifices its claim to habitual featly if it can’t protect its most vulnerable and afford them justice. Young Ochanya was abused in life. In death, her memory cries for justice. Nigeria can’t afford to continue abuse her in death’’, he said.

Also, the Executive Director, Spaces for Change, Ms Victoria Ibezim-Ohaeri said: “Through her death, Ochanya’s ability to enjoy the rights to life and against sexual violence may have dimmed, but justice for Ochanya offers hope to thousand s of children like her looking up to the law to protect them.

“Justice for Ochanya is the only remedy that can assuage the deep sores sexual violence inflicts on the body, mind and soul of the innocent child.

“Justice for Ochanya will restore public, especially children’s confidence in the legal system. Delaying justice for Ochanya remains an attack on all Nigerian children. Justice for Ochanya now.’’

Govt must demonstrate political will

For the Executive Director, Make A Difference (MAD) Initiative, Lemmy Ugbehebe, the Benue state government should demonstrate genuine political will to ensure justice is done.

He said: “The Benue state government must demonstrate genuine political will to ensure justice is done, more so because the state has become a cesspool of child sexual abuse in recent times. Well documented reports speak to this fact.

“If we don’t continue to mount pressure on the Benue state government, the state ministry of justice and all stakeholders, justice will elude us and many Ochanyas will fall victim because paedophiles would have become strengthened. Silence never won nothing. We must not let the abusers of Ochnaya get away with their nefarious acts.’’

Culprits should face the law

On his part, Ochanya’s elder said: “I’m optimistic that the judiciary will do what is required of it by law and those who have been called to account for their roles in what has happened to Ochanya would be made to face the wrath of the law.’’

Will late Ochanya get justice? Only time will, however, remains clear is that her case will be a litmus test for the judiciary as it concerns sexual abuse of children and minors.

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