An Orlu Magistrate Court sitting in Owerri, Imo State, has ordered the remand of Ochichi Vitalis, 74, over allegations of rape and indecent assault involving a person living with disability.
According to Sahara Reporters, Vitalis was arraigned on Friday, August 14, 2026, on a two-count charge marked MOR/70C/2026 in a case instituted by the Commissioner of Police.
The charges include 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 Magistrate Court held that it lacked jurisdiction to try the rape charge, noting that such offences fall within the exclusive jurisdiction of the High Court.
The court, however, observed that Section 93 of the Administration of Criminal Justice Law (ACJL) of Imo State empowers a Magistrate Court to entertain bail applications.
Appearing in the matter were U.D. Udora, Esq., for the Commissioner of Police; P.O.K. Osuji, Esq., for the defendant; C.G. Enyia, Esq., representing the Human Rights Committee of the Nigerian Bar Association (NBA), Owerri Branch; while J.M.E. Onyenakazi, Esq. and D.F.C. Joe Onyenakazi, Esq., held a watching brief for the complainant.
Given the nature of the allegations, the court invited submissions from the NBA Human Rights Committee on the issue of bail.
Counsel for the Committee, C.G. Enyia, urged the court to ensure that the rights of the alleged victim were protected while maintaining fairness to all parties.
Quoting the late Justice Chukwudifu Oputa, Enyia argued that justice must serve the interests of the victim, the accused and society at large.
The Magistrate acknowledged the submissions but emphasised that the defendant remains presumed innocent until proven guilty, in line with the law.
Following arguments from both the prosecution and defence, the court ordered that Vitalis be remanded at the Owerri Correctional Centre pending further proceedings.
The court also ruled that the defendant may apply for bail before the High Court, while permitting his legal team to file a bail application before the Magistrate Court and serve the prosecution.
In addition, the case file was ordered to be transmitted to the Director of Public Prosecutions (DPP) for legal advice.
The matter was adjourned to September 15, 2026, for the DPP’s report.
The allegations against the defendant remain before the court, and no finding of guilt has been made. Under Nigerian law, the defendant is presumed innocent unless and until proven guilty.
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