A police
corporal, Mr. Anthony Onoja, has been ordered to pay the sum of N10million as
exemplary damages for the rape of a two-year old baby, Chinwendu Obi Onwudiwe. A
Nasarawa State High Court sitting in Mararaba, a town on the outskirts of
Abuja, gave the order in its judgment in a suit filed against Onoja and the
Inspector General of Police by her mother, Mrs. Ngozi Obi Onwudiwe. Justice A.
Asmau, in her judgment, held that the accused infringed on Chinwendu’s
fundamental rights. Onwudiwe had approached the court through her lawyer,
Barrister Esther Uzoma, the National Coordinator, Proactive Gender Initiative,
an Abuja-based Non-Governmental Organisation, following the rape of her little
daughter by the police corporal. She told the court that on June 15, 2013, at
Mararaba, by Kabiyo Osino Pure Water, Onoja, of the Nigeria Police Force, had
unlawful carnal knowledge of the minor. According to her, she traced her
daughter to Onoja’s room, where she saw the baby crying, with blood gushing out
of her private part. “Onoja’s wife rationalized the blood gushing out of little
Chinwendu’s private part as her monthly period (menstruation),” Onwudiwe said
in an affidavit in support of the motion.
The incident was thereafter reported
at the Mararaba Police Station, while Chinwendu was taken to the Mararaba
Medical Center for treatment. Onwudiwe sued Onoja and the IGP, asking the court
to declare that the rape of the minor violated sections 33 and 34 of the 1999
Constitution, and article 4 and 5 of African Charter on Human and Peoples
Rights(Ratification and enforcement Act) CAP 10 LFN 1990, which guaranteed
right to life and dignity. The court was also asked to declare that Onoja’s
action amounted to torture, physical and psychological abuse, and violation of
the baby’s right to survival and development as provided for in section 3, 4,
11 and 13 of the Childs Right’s Act (2003).
Furthermore, Onwudiwe asked the
court to grant an order mandating a comprehensive health examination and
treatment of Chinwendu at the expense of the respondents (Onoja and IGP). She
equally asked the court to order the respondents to pay the sum of N10million
as exemplary damages, and another sum of N1.5million as special damages for the
expenses so far incurred by the parents of the little girl on her health since
the unfortunate incident. In her judgment, Justice Asmau condemned Onoja’s
actions, and granted the plaintiff’s prayer for payment of the sum of
N10million as exemplary damages. Justice Asmau further ordered that the baby be
given comprehensive medical treatment at the expense of the respondents. She
however, declined to grant
Onwudiwe’s request of the sum of N1.5million as special damages.
PUNCH 11/02/14
-
A Police
officer? N10 million
and he is a free man? S.H.A.M.E!
Edna Wey!
http://www.evesworldinternational.blogspot.com
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