The Benue State Government on Thursday, arraigned Mr. Andrew Ogbuja, a senior lecturer at the Benue State Polytechnic, Ugbokolo, before the high Court for allegedly raping 13-year-old Ochanya Ogbanje to death.
Recall that Ogbuja was arrested nearly one year ago for the alleged offence.
Mr. Ogbuja’s son, Victor, who is the second suspect in the case has been on the run since the incident and is yet to be arrest or declare wanted by police.
Recall also that Elizabeth Ochanya died on October 17, 2018, from complications which resulted from her prolonged rape by the Mr. Ogbuja and his son.
At Thursday’s proceedings, a four-count charge bordering on rape and murder was read to Mr. Ogbuja who pleaded not guilty.
Following his not-guilty plea, the prosecuting lawyer, Deputy Director, Public Prosecution, Benue State, Mr. Paul Ukande 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.
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“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, saying that “it is premature.”
Subsequently, the court adjourned the suit to November 14, 2019, for commencement of trial.
Some of the charges read as follows:
“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 have done illegal acts, to with: 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.
“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.”