The judiciary Tuesday sent a strong message to rapists and paedophiles in the country when a Nasarawa State High Court ordered the Inspector General of Police Mohammed Abubakar and Mr. Anthony Onoja, a police corporal and convicted rapist, to pay a two-year-old rape victim Chinwendu Obi Onwudiwe, the sum of N10 million for exemplary damages.
Expectedly, there was an immediate outcry from many who considered the judgment to be too light for the police corporal and insisted that he deserved to spend a long time in jail for sexually defiling a baby.
For the 70 minutes that the judgment lasted at the Nassarawa State High Court 5, Mararaba, the trial judge, Justice A. Asmau, said she was convinced beyond reasonable doubt that the respondents in the case (the IG and Corporal Onoja) infringed on baby Chinwendu’s fundamental rights.
Mrs. Ngozi Obi Onwudiwe, through her lawyer, Mr. Esther Uzoma, who is also the National Coordinator, Proactive Gender Initiative, an Abuja-based NGO, had in a motion on notice, dated November 6, 2013, prayed the court for four declarations and three orders.
Uzoma prayed the court for a declaration that unlawful carnal knowledge, indecent assault and defilement of the tender and vulnerable two-year-old Chinewendu by corporal Onoja was inhuman, degrading, unlawful and an abuse of her right to life, as well as respect and dignity of human persons as enshrined in Section 33 and 34 of the Constitution of the Federal Republic of Nigeria 1999 and Article 4 and 5 of African Charter on Human and Peoples Rights (Ratification and enforcement Act) CAP 10 LFN 1990.
•A declaration that the action of Anthony Onoja amounted to torture, physical and psychological abuse and violation of Chinwendu Obi Onwudiwe’s right to survival and development as provided for in Section 3,4, 11 and 13 of the Childs Right’s Act.
•A declaration that unlawful carnal knowledge, indecent assault and defilement of the tender and vulnerable two-year-old Chinwendu Obi Onwudiwe by Corporal Anthony Onoja was an outright violation of Section 31 of the Childs Right Act.
•A declaration that the act of the second respondent was unconstitutional, degrading and inhuman treatment.
She therefore urged the court to grant an order mandating a comprehensive health examination and treatment of little Chinwendu at the expense of the respondents.
She also asked for an order for the payment by the respondents of the sum of N1.5 million, being special damages for the expenses so far incurred by the parents of the little girl on her health and since the occurrence of the unfortunate incident.
Mrs. Onwudiwe also sought an order for payment by the respondents of the sum of N10 million, being exemplary damages for infringement of her daughter’s fundamental rights.
Little Chinwendu’s mother, in an affidavit in support of the motion on notice, told the court that on June 15, 2013, at Mararaba by Kabiyo Osino Pure Water in Nasarawa State, Onoja of the Nigeria Police Force, indecently assaulted, defiled and had unlawful carnal knowledge of her little baby daughter, adding that the pains were excruciating and horrible.
She stated further that she traced her daughter to Onoja’s room where she met the little girl, her daughter, wailing from the pain and anguish, and blood gushing out of her private parts, adding that, “Corporal Anthony Onoja’s wife rationalised the blood gushing out of little Chinwendu’s private part as her monthly period (menstruation)”.
She said the incident was reported at the Mararaba police station while little Chinwendu was taken to the Medical Centre, Mararaba.
In her judgment, Justice Asmau held that the act of rape of the baby by Onoja was unconstitutional and a breach of her fundamental right to life, respect and dignity of human persons.
The judge condemned in strong terms the action of the 2nd respondent, stressing that what he committed on Chinwendu was an act animals would not commit on their young ones.
She said general damages should be a fair and balanced assessment of injuries suffered, stressing that the prayers of the applicants for N10 million damages were justified. She therefore granted it.
Justice Asmau further ordered that the little girl should be taken immediately for comprehensive medical treatment at the expense of the respondent.
She, however, declined to grant the N1.5 million being special damages for the expense so far spent by the parents as a result of the rape of the child.
