Honourable Justice Peace Otti of the Children, Sexual and Gender-based Violence Court sitting in Awka has dismissed a rape and other charge brought against a 17-year old Makuochukwu Nwankwo, and accordingly discharged and acquitted the defendant.
It was gathered that before he was availed the services of the Office of Public Defenders, Anambra State Ministry of Justice, Makuochukwu, an indigent defendant, has been in detention since January 2023 for allegedly having unlawful carnal knowledge of, and inflicting physical injuries on a 12-year old child, Gift, on or about the 21st day of January, 2023, at Odonwankita, 3-3 Nsugbe, Anambra East Local Goverment Area.
The offences are contrary to sections 3(2) and 4 (1) of the Violence Against Persons (Prohibition and Protection) Laws of Anambra State 2017.
Delivering judgement, Honourable Justice Otti noted that the prosecution did not prove the case against the defendant beyond reasonable doubts, and that evidences of prosecution witness were so watery that they could not be relied on to convict Makuochukwu.
The court however found a 59-year old Ofoma Ojeh guilty as charged on a two-count charge bordering on rape and offensive conduct against a 14 year old child on or about 30th August 2020 at Awgu, Orumba North Local Goverment Area of the state.
Mr Ojeh therefore bagged 10 years imprisonment for having unconsented sexual intercourse with, and 2 years imprisonment for commission of act detrimental to the physical and psychological well-being of his victim, both jail terms to run consecutively.
Mr Ojeh’s offences are contrary to sections 34(2) of Child Right Law of Anambra State 2004, and section 7(1) of the Violence Against Persons (Prohibition and Protection) Laws of Anambra State 2017.
Asked why he should not be given stiffer penalty for his offences, Mr Ojeh told the court that his wife is late, and he is left with little children to take care of, even as his counsel appealed for the leniency of the court on the grounds that Ojeh is a first-time offender, and is aged.
Senior State Counsel, Ginika Olisa, represented by another Senior State Counsel, Charles Nwiyi; both from the Office of Public Defenders, appeared for the indigent defendants, Makuochukwu and the 59-year old Ojeh, while Senior State Counsel, Vivian Anyaeneh, and Principal State Counsel, Chikodili Enemuo, represented the state respectively.