Child Sexual Abuse: Felicia Ogbuja is justly going to jail

They abused their ward

I was first outraged when I read a tweet that appeared to conflate two separate though intrinsically related issues regarding child sexual abuse, safeguarding, duty of care, the obstruction of an investigation that could have led to justice and in the middle of it all the resulting death of a 13-year-old schoolgirl, Miss Ochanya Ogbanje. [Premium Times: Ochanya: State court acquits husband of raping minor, federal court convicts wife of negligence]

Felicia Ochiga-Ogbuja was the aunt(-in-law) of the deceased, and her alleged child-abusing husband, Andrew Ogbuja; a lecturer at the Benue State Polytechnic, her alleged child-abusing son, Victor Ogbuja; who is currently a fugitive from justice, are maternal relations of the deceased, meaning the former was her uncle and the latter was her first cousin, mentioned also is Winifred Ogbuja, another first cousin of the deceased. Ochanya Ogbanje had left the village to live with relations of her mother to be cared for and supported in her education by this family.

They terrorised their ward

Whilst the chronology of events is not clearly established, it would appear that Winifred had informed her mother Felicia of the ongoing sexual abuse of Ochanya by both Andrew and Victor which Felicia failed to stop and had apparently threatened to eject the schoolgirl from her house if she told anyone of the sexual abuse.

The terrified schoolgirl left with no protection from assault by her supposedly responsible guardians endured further abuse from the pair of males in the house until the time that she was seriously harmed presenting urinary and faecal incontinence with a diagnosis of Vesicovaginal fistula (VVF) attributed to serial sexual rape allegedly perpetrated by both men, for which Ochanya was hospitalised for two months until her untimely death.

They let him go

It leaves one baffled given the medical history of Ochanya that the Medical Centre in Makurdi would ineptly conclude that Ochanya died of natural causes and the Police Forensic Laboratory reached another conclusion that she died of diseases that were related to sexual abuse.

It is unfortunate that Justice Augustine Ityonyiman of the Benue State High Court decided to err on the side of caution, questioning the preponderance of evidence, including video evidence of the deceased narrating her ordeal, even as the prosecution bungled the criminal case that he acquitted Andrew Ogbuja of raping and causing the death of Ochanya Ogbanje.

They got her here

At the Federal High Court in Makurdi, Felicia Ogbuja, the aunt faced another charge of negligence leading to the rape and the death of Miss Ochanya Ogbanje, brought by The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) before Justice Mobolaji Olajuwon.

The case was made that Felicia had knowledge of the fact that Ochanya was being sexually abused by her husband and her son, after first being informed by her daughter Winifred and then went on to threaten Ochanya with eviction if the girl mentioned her ordeal to anyone, after which she impeded and obstructed NAPTIP from gathering information from her daughter after the cause of Ochanya’s ailment was determined when admitted in the hospital.

Her omission to perform

As a consequence, Felicia neither challenged nor controverted the presented evidence, she was left culpable and if not an accessory to child sexual rape that consequently resulted in the death of a ward under the care of her family. Hence, she was found guilty as charged contrary to Section 314 of the Criminal Code Act in Nigeria.

When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased.

When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. https://jurist.ng/criminal_code_act/sec-314

The subsections shown above, indicate the death of Miss Ochanya Ogbanje was caused in part by the unlawful act of sexual assault allegedly perpetrated by both her uncle and her cousin, for which no one has yet been held duly accountable. Her death was also caused in part by the omission to observe when informed by her daughter that her ward was being abused by both her husband and her son and her decision not to perform a duty of care and protection on her ward once Felicia came into the knowledge of the child sexual abuse.

Negligence is a crime

Knowing she had another girl in the home, her own daughter, one would have expected her to offer a modicum of motherly protection to the girl living in her family home, to whom she might not have been a blood relation, but had a pertinent relationship with the responsibility and authority to do something, but she exacerbated the harm, for which there had to be consequence and NAPTIP should be commended for pursuing the case to a conclusion, viewing the victim as trafficked for sexual purposes, since the responsible adults did not intervene.

Child sexual abuse is too much a taboo subject in Nigeria, too many of us bear scars of child sexual abuse not pursued to fully prosecute perpetrators and obtain justice for the victims. Sadly, responsible adults in the environment where it occurs, rather than address the matter would opt for a cover-up giving license to predators to continue their abuse of minors.

Whilst this case of Ochanya Ogbanje might seem a miscarriage of justice as the alleged perpetrators have not been held accountable for sexual abuse and her consequent death, the other adult who turned a blind eye to the abuse and allowed it to continue with the victim so totally terrified of the threat of eviction means we cannot be bystanders in the knowledge of child sexual abuse, regardless of who is involved, and in this case, it was her husband and her son that she tried to protect from being held accountable of their criminality, and in doing so, she committed a crime of negligence to her duty of care leading to the death of a child in her care.

What good conduct?

I am so annoyed that people came to testify to the good conduct of Felicia Ogbuja, for what good conduct is there when you know a child is being sexually abused under your roof and you threaten the child rather than challenge your husband and your son? What leniency should be afforded to someone who prevented investigators from ascertaining the truth of the ordeal of Ochanya as first indicated to her by her own daughter before she moved to silence Ochanya?

That the witnesses would testify that Felicia Ogbuja had no record of previous convictions is beyond the pale, for child endangerment should never be mitigated on no previous offences, it is the ultimate duty of responsibility in which she totally failed, resulting in death, under her care. Does she have to be given another opportunity to let a child be abused by her husband and her son?

We need to dispense with the fallacy of Christianity as a mitigating factor of good conduct, much less, the membership of church societies says nothing about integrity, honour, responsibility, or character. Felicia Ogbuja was by all terms just as manifestly evil to Ochanya Ogbanje as her husband and her son, the judge saw through that and determined a custodial sentence was the least she could do.

Some justice for Ochanya

The judge did right in sentencing her to five months imprisonment without the option of a fine, if it is appealed, I would hope any other court would give more consideration to the victim, for her negligence resulted in the death of an innocent child. I do not care for the ornate marble grave that adorns the place of her internment. Ochanya Ogbanje as a child should have reasonably expected the care and the protection of the Ogbujas, but they preyed on her and wasted her with the violation of her person, her personhood, her body, her dignity, her childhood, and her life; for that, there can be no mitigation, it is unforgivable.

If Andrew Ogbuja cannot be retried, he should never be allowed to work with minors as a precautionary safeguarding measure, because he is a sexual predator as witnessed by his daughter.

Whenever Victor Ogbuja is apprehended, I hope he faces the full wrath of the law with no leniency. To Winifred Ogbuja who might just be the only redeeming feature of this family, I hope you find a bigger voice to prevent injustice when witnessed, regardless of who is involved.

There is no doubt that your father, your mother, and your brother set the worst examples anyone could view in a family unit. May good fortune find you, for you did what you could to save Ochanya Ogbanje, even if it was not enough.

The dishonest rights of the unborn child

Conceiving the time of conception

I had to ask the question from a more practical perspective because I do believe we are being dogmatically conned with information that bares not basis in fact and reality.

I am sorry, that we hear something that strikes an emotive cord with conservative and religious connotations and fail to research the facts of those assertions and prove beyond debate if those views are true or just utter bunkum.

At the Saddleback Presidential Civil Forum, Pastor Rick Warren asked [1] John McCain, What point is a baby entitled to human rights? And he answered, "At the moment of conception," everyone applauded and I was quite befuddled by it all.

Do you know when?

So, I asked the lady who runs the African store above the Amsterdam Metro Station, if a woman knows that she is pregnant at 2 months gestation, to which she answered, the woman might be suspicious but cannot be definite [2] that she is pregnant as it is unlikely that she would have a bump as evidence of pregnancy

You mean, you cannot say that you have conceived [3] on the day that you had intercourse until such a time that it is obvious by missing periods first and then some sort of pregnancy test – that was in the affirmative.

So for 2 months, it is possible that we would have conferred on an embryo, foetus, baby or some non-descript feeling of unease and anatomical change human right whilst not being really sure it is there or not. Very interesting.

She even offered that when she was having her first child, at 6 months pregnancy the doctor said to her she had another unexplained ailment rather than the impending arrival of a child.

Naming the foetus

I felt, I could carry on this journey of the absurd, so when the bump is really so obvious you think at any moment you would be sequestered into midwifery have you ever asked the woman whilst the baby is still in the womb what the name of the baby is? She looked at me with incredulity.

Well, I was just trying to be logical here, there is probability that the unborn child might have rights it wants to exact from the womb just in case it needs to be identified in court.

It would appear that a child is not named until when it is out of the womb and that might depend on when during the gestation period it was born.

The rights as birth

For instance, I was born at 26 and half weeks, over 40 years ago, there was the possibility I would not thrive, in fact, doctors do not try to exercise the supposed right to live on a baby born at less than 21 weeks except in the most exceptional cases where faith, persistence and the sheer will to live of the child defies all medical science.

The issue of abortion allows for this absurd notion of unborn child rights to take prominence where reason should inform us of better arguments for sustaining the life of an unborn child.

I am of the opinion that a women should be able to decide within the first trimester of a pregnancy that she might only have confirmed from about the sixth week if she wants to keep the changes that are occurring in her or not.

Between rights and moral duty of humanity

There are all sorts of reasons why a woman with or without the consent of a partner, with the advice of her doctor and possibly matters of conscience why a woman would decide to terminate a pregnancy. I do not believe they take those issues lightly at all because there can be serious consequences as physical leading to barrenness or emotional scars that could be impossible manage despite the passage of time.

There might be some women, who have turned terminations into a routine, but they can hardly be in any majority and they probably have their reasons.

However, I do not think that the issue at stake for an unborn child is that of rights because it would portend to separate the entity of the conception, embryo and foetus from the person of the body that provides it nourishment.

It would be interesting if medical science offered the means to prevent the nourishment of a child through the umbilical cord by the accident of medical contra-indications whether there can be a legal premise for the unborn child to seek compulsory nourishment because of where it resides before birth.

The matter really is one of our humanity rather than one of legality; we have reached a point in our civilization where we believe we owe that developing child a burden of care or careful nourishment and an adjusted lifestyle.

Conducive conditions for birth

Where we believe that bearing the child would be a source of joy and there is love around to cater for the upbringing of that child.

Where the act of conception whenever it might have happened is through the consent of the parties involved such that neither sees the product from a perspective of revulsion created by the violation of the body.

Where all things are equal, laws protecting the rights of the unborn child are redundant because it would be brought into a loving, caring and welcoming situation.

Unfortunately, things are not as perfect as one would expect for everyone and those situations do need to be dealt with on their merits through famous trilogy of stakeholders as enumerated by Senator John Kerry years ago – it should be between the woman, her doctor and her God.

Thriving on the compassion of society

After the first trimester, the unborn child is probably going to thrive and be born, whilst medical science can allow for abortions up to term, society frowns on issues where after the well into the second trimester the pregnancy is terminated.

At the point, one can see the possibility of acts criminal, not so much for sake of the unborn child but the reasons that society and medical science have tacitly agreed that after a particular period, the pregnancy should be brought to term.

In many cases, these are moral and medical dilemmas, it would be perilous for us to legislate on moral dilemmas where clear codes of conduct based on the expectation of a civilized society should suffice.

What we owe the unborn child

I think it is utter dishonest to suggest that an unborn child has rights at conception when the exact time of conception cannot be determined until well after other events have passed, which could be well into gestation.

In all, we owe the unborn child the duty of care and for those who are expecting the best wishes for a safe delivery, beyond that, those who do not want or need a baby should either abstain or use contraception.

I cannot begin to imagine the legal minefield that can be opened into the legality and legal status of the unborn child to sue for its rights to be established from the question of paternity, a conducive environment for birth, the right of the pregnant woman to refuse to continue to carry the child as opposed to the supposed undeniable right of the child to nourished whilst still in the womb.

I would contend reason and counsel should prevail in these matters rather than try to legalise moral issues that would convert our courts into grotesque theatres of the most absurd activities of humankind.

For all intents and purposes, an unborn child cannot have rights at conception, the person carrying that developing miracle simply owes themselves that that bundle of joy the greatest duty of care, if that is what they wished for and have settled on the idea of parenthood.

Sources

[1] CNN LIVE EVENT/SPECIAL - Saddleback Presidential Candidates Forum – Transcript

[2] From Conception to Birth - A Foetal Growth Timeline – Expectant Mothers Guide

[3] Baby planning time - Understanding conception