The Court of Appeal sitting in Makurdi yesterday upheld the conviction of Felicia Ochiga-Ogbuja for failing to protect Ochanya Ogbanje from being raped by her husband and son.
Ochanya, a 13-year-old schoolgirl, suffered complications from prolonged rape in the hands of Andrew Ogbuja and his fugitive son, Victor, who are both her maternal relations.
She was admitted at the Federal Medical Centre in Makurdi for two months before she died on October 17, 2018.
While the Benue State High Court in Makurdi on April 28 acquitted Mr Ogbuja, a lecturer at the Benue State Polytechnic, Ugbokolo, of raping and causing the death of Miss Ogbanje, the Federal High Court in Makurdi, in a separate case on the same day, convicted Mr Ogbuja’s wife (Felicia) for negligence.
The federal judge, Mobolaji Olajuwon, found Mrs Ogbuja guilty of failing to protect the girl from her husband and son.
Determined to upturn her conviction, Mrs Ogbuja filed an appeal at the Court of Appeal in Makurdi, challenging the lower court’s jurisdiction to entertain the suit amongst other issues.
Delivering judgement on the appeal via Zoom yesterday, the Court of Appeal agreed with the Federal High Court in Makurdi that Mrs Ogbuja failed in her duty to protect Ochanya from the “sexual exploitation” of her husband and son.
A three-member panel of the appellate court led by Hassan Muslim, dismissed Mrs Ogbuja’s argument that the charge was unknown to the law upon which she was convicted and sentenced.
