MEMBERS of Civil Society Organisations (CSOs), including the Alumni Association of the Federal Government Girls’ College, Gboko and family members have requested the Benue State Government to appeal the decision of its High Court which last Friday, April 28, 2022 discharged and acquitted a senior lecturer with the Benue State Polytechnic, Ugbokolo, Mr Andrew Ogbuja, in the alleged rape and death of 13-year-old Ochanya Ogbanje in 2018.
The request to challenge Mr Ogbuja’s acquittal was made on Thursday in Abuja at a press conference attended by the deceased teenager’s family, the alumni association of her alma mater, Federal Government Girls’ College Old Girls’ Association, Gboko, and Men Against Rape, a civil society group.
Speaking at the conference, Miss Ogbanje’s elder brother, Mr John Ameh, appealed to the Benue State governor, Dr Samuel Ortom, to issue a fiat to a team of private legal practitioners, to file an appeal with a view to upturning the Makurdi High Court decision, delivered by Justice Augustine Ityonyiman.
Contrary to Justice Ityonyiman’s verdict of acquittal, the judgement in a related matter presided over by a Judge of the Federal High Court sitting in Makurdi, Justice Mobolaji Olajunwo, also last Thursday convicted Mr Ogbuja’s wife, Mrs Felicia Ochiga-Ogbuja, of negligence in the sexual assault on Ochanya, who died of complications linked to being serially raped as contained in a report by forensic experts from the Nigerian Police Forensic laboratory in Lagos.
While commending Governor Ortom for resisting political pressure during Mr Ogbuja’s prosecution, Ochanya’s elder brother Ameh stated that Justice Ityonyiman’s judgement will remain a blight in the current crusade against rape and sexual violence.
“Justice Ityonyiman’s ruling remains a dark day for anti-sexual and gender-based violence (SGBV) campaigners across Nigeria until it is upturned. The Makurdi High Court judgement must never stand.
“Governor Ortom must see to the end of this legal battle. We urge him to give fiat [permission] to a private legal practitioner of note to take up the process of filing an appeal to challenge Mr Ogbuja’s acquittal. We appeal to the Governor not to allow the 90-day window of appeal to lapse, as history has its eyes on him,” Mr Ameh stated.
Also speaking at the event, the chairperson of the FGGC Gboko Old Girls’ Association in Abuja, Mrs Ngozi Azodoh, called on the Benue State Government to appeal the judgement that acquitted Mr Ogbuja.
Mrs Azodoh, a medical doctor, lauded Mr Ortom for his efforts in getting justice served over Ochanya’s death, urging him to do the same in pushing for an appeal against Justice Ityonyiman’s verdict.
Similarly, Mr Lemmy Ughegbe, founder, Men Against Rape, an advocacy group championing the cause of Justice for victims and survivors of sexual and gender-based violence, faulted the Makurdi High Court judgement.
Ughegbe condemned Justice Ityonyiman’s refusal to consider a video recording of the deceased teenager which was admitted in evidence before the court as well as the findings of the autopsy report from the Nigerian Police forensic laboratory in Lagos.
The human rights activists, advised the Benue State governor to take up the task of issuing permission to a team of private lawyers to challenge the High Court’s decision on Mr Ogbuja’s acquittal.
The late Miss Ogbanje, who died at age 13 in October 2018, suffered years of sexual abuse and molestation while living as a ward under the care of Mr Ogbuja and his wife, who is a cousin to Ochanya’s mother, Rose Abah.
Ochanya was diagnosed with Vesico Vaginal Fistula (VVF), a disease which police forensic experts conclude results from years of sexual abuse and torture while she lived with the Ogbuja’s.
Before her death, she spoke about the years of torture and sexual abuses in court, where she pointed accusing fingers at Mr Ogbuja and his son, Victor, who is now at large.
