Elochukwu Benjamin
Awka
An Orlu Magistrate Court sitting in Owerri, Imo State, has ordered the remand of a 74-year-old man, Ochichi Vitalis, over alleged rape and indecent assault of a person living with disability.
Vitalis was arraigned on a two-count charge marked MOR/70C/2026, in a case brought by the Commissioner of Police against him.
The charges relate to alleged rape, contrary to Section 358 of the Criminal Code, Cap C38, Laws of the Federation of Nigeria 2004, and indecent assault, contrary to Section 360 of the same law.
During proceedings, the court noted that it lacked jurisdiction to try the rape charge, observing that such an offence is within the jurisdiction of the High Court. The court, however, noted that Section 93 of the Administration of Criminal Justice Law (ACJL) of Imo State empowers a Magistrate Court to consider bail applications.
The prosecution was led by U.D. Udora, Esq., while P.O.K. Osuji, Esq., represented the defendant.
C.G. Enyia, Esq., appeared as a 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, Esqs., held watching brief for the complainant.
Addressing the court on the sensitive nature of the case, Enyia urged that the rights and interests of the alleged victim be protected while ensuring due process for the defendant.
“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,” he submitted.
The court, while acknowledging the submission, stressed that the defendant had not yet been tried and that the allegations remained subject to judicial determination.
After hearing arguments from counsel, the court ordered that Vitalis be remanded at the Owerri Correctional Centre pending further proceedings.
The court also held that the defendant could apply for bail before the High Court, while his counsel was permitted to file a bail application before the Magistrate Court and serve the prosecution.
The court further directed that the case file be transmitted to the Director of Public Prosecutions (DPP) for legal advice.
The matter was subsequently adjourned until September 15, 2026, for the DPP’s report.
The allegations against the defendant remain unproven unless and until established by a competent court.
