Professor David Ogbonna, a lecturer at the Rivers State University, has been discharged and acquitted by a Magistrate Court sitting in Port Harcourt, the Rivers State capital, in a suit bordering on the alleged rape and sexual assault of a 20-year-old student of the same university.
Professor Ogbonna was standing trial after he was accused by a female student of rape in his office at the university campus.
He was first arraigned by the Rivers State Police Command, before the Rivers State Government indicated interest and took over the prosecution of the matter.
Delivering judgment on Monday, September 25, Chief Magistrate Poromon Menenen said the prosecution failed to prove its case against the lecturer.
Chief Magistrate Menenen stated that the mobile phone and disc the student claimed she used in recording Professor Ogbonna’s conversation with her on the day of the alleged incident were never tendered as exhibits during the course of the trial.
The Chief Magistrate also noted that the underwear the female student claimed had semen stain after she was allegedly assaulted was not subjected to forensic examination of any kind.
In addition, the Chief Magistrate said the prosecution team failed to invite for testimony the health worker who supposedly conducted a medical examination on the student.
Menenen also ruled that the prosecution team failed to provide one Chidinma, who the victim claimed left her and the Professor in his office after both of them visited his office.
While the state prosecution counsel, G.U. Amana who represented the Rivers State Ministry of Justice declined to speak to journalists, Emma Okah, who is the counsel to Professor Ogbonna said, “Clearly, I will tell you that I am not surprised at all that the judgment of this court came the way and the manner, and the direction it did because, to some extent, the law is a bit logical.
“And we knew from day one that in the absence of any evidence, on which the ingredients of indecent sexual assault will be based, there was no way the prosecution was going to succeed, and the end result will always be discharged and acquitted of the accused person. And that’s exactly what the court did.
“And maybe to borrow a leaf from what the court said which is very important, that everybody should know. And indeed the public should also know.
“Our contention is that our client remained innocent from day one till today and even till tomorrow.”
How it started
Professor Ogbonna, according to the police, allegedly raped the female student on 16th day of May, 2022 at Rivers State University campus, Oruworukwo in Obio-Akpor LGA of Rivers State.
Ogbonna was arraigned before Chief Magistrate Menenen F.Poromon of Court 13, Port Harcourt on a one-count charge.
The charge against Ogbonna reads:”You Professor David Ogbonna on 16th day of May, 2022 at Rivers State University campus, Oruworukwo in Obio-Akpor Magisterial district but triable in Port Harcourt Magisterial district did unlawfully and indecently assault a female aged 20 years by inserting your penis into her vagina thereby committed an offence punishable under section 360 of the criminal code CAP 37 Vol.11 of laws of Rivers State, Nigeria 1999.
The accused pleaded not guilty to the charges
The lead defence lawyer, O.C.Higher King, urged the court to grant the defendant bail on self recognition considering his status in the society.
However, Emi Jim George, the lawyer holding watching brief for International Federation of Women Lawyers (FIDA) Rivers State branch urged the court not to grant the accused bail in view of alleged threat to the life of the female student he allegedly raped.
Chief Magistrate Poromon after listening to the arguments from both lawyers granted the accused bail in like sum of 2 million naira and that the surety must be residing in the Magisterial district. The case was subsequently adjourned to July 20,2022
