The Children Sexual and Gender-based Violence Court sitting in Awka has dismissed rape and other charges brought against a 17-year-old Makuochukwu Nwankwo, and accordingly discharged and acquitted the defendant.
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.
He was incarcerated for allegedly having unlawful carnal knowledge of, and inflicting physical injuries on a 12-year-old child, Gift, on the 21st of January, 2023, at Odonwankita, 3-3 Nsugbe, Anambra East Local Government Area.
The offenses are punishable under Sections 3(2) and 4 (1) of the Violence Against Persons (Prohibition and Protection), VAPP Law of Anambra State 2017.
Delivering judgment, Honourable Justice Peace Otti noted that the prosecution did not prove the case against the defendant beyond reasonable doubt and that pieces of evidence from the prosecution witnesses were so watery that they could not be relied on to convict Makuochukwu.
The court, however, found 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 the 30th August 2020 at Awgbu, Orumba North Local Government Area of the state.
Mr Ojeh was handed 10 years imprisonment for having unconsented sexual intercourse, and 2 years imprisonment for the commission of an act detrimental to the physical and psychological well-being of his victim, both jail terms to run consecutively.
Mr Ojeh’s offences are punishable under Sections 34(2) of the Child Rights 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 a stiffer penalty for his offenses, Mr. Ojeh told the court that his wife was late, and he was left with little children to take care of, even as his counsel appealed for the leniency of the court because Ojeh was a first-time offender, and is aged.
