Court Remands 74-Year-Old Man Over Alleged Rape Of Person Living With Disability
.Case adjourned to September 15 for DPP’s Report.
An Orlu Magistrate Court sitting in Owerri has ordered the remand of a 74-year-old man, Ochichi Vitalis over allegations of rape and indecent assault involving a person living with disability.
The defendant was arraigned on Friday 14th August 2026 on a two-count charge marked MOR/70c/2026 in the matter of Commissioner of Police vs Ochichi Vitalis.
According to the charge sheet read in court, the defendant reportedly raped the physically-challenged contrary to Section 358 of the Criminal Code, Cap C38, Laws of the Federation of Nigeria 2004; and that the defendant allegedly indecent assaulted her contrary to Section 360 of the Criminal Code.
The prosecution was led by U.D. Udora, Esq. for the Commissioner of Police while P.O.K. Osuji, Esq. appeared for the defendant.
C.G. Enyia, Esq.held watching brief for the Human Rights Committee of the Nigerian Bar Association, Owerri Branch while J.M.E. Onyenakazi and D.F.C. Joe Onyenakazi, Esq. held watching brief for the complainant.
Presiding Magistrate noted the court lacked jurisdiction to entertain Count 1, as only the High Court can try rape and grant bail for that offence.
The court, however, observed that Section 93 of the Administration of Criminal Justice Law, ACJL, Imo State empowers a Magistrate Court to consider bail applications.
Given the sensitive and moral nature of the case, the court invited the opinion of the Human Rights lawyer present.
In his submission, C.G. Enyia, Esq said; “The victim’s right has been abused and what we seek is justice. Justice is a three-way traffic as captured in Justice Oputa’s words in Josiah vs The State — justice for the victim, fairness in the process, and public confidence.”
The court, while acknowledging the submission, noted that the defendant is yet to be tried and therefore could not entirely align with the position at this stage.
After listening to arguments from both prosecution and defense counsel, the court ordered the defendant be remanded in custody at the Owerri Correctional Centre pending further proceedings; the defendant is at liberty to apply for bail at the High Court.
The court also ordered the defense counsel may also file a bail application before the Magistrate Court and serve the prosecution in the interest of justice and that the case file should be transmitted to the Director of Public Prosecutions, DPP for legal advice.
The matter was adjourned to 15th September, 2026 for the DPP’s report.
