25th September, 2023
By Okafor Ofiebor/Port Harcourt
A Chief Magistrate Court sitting in Port Harcourt on Monday discharged and acquitted Professor David Ogbonna of Rivers State University, RSU, Port Harcourt of charges of rape of a student of the institution filed against him.
Prof.Ogbonna who accused of unlawful and indecent assault on a female student by inserting his penis in her vagina in his office in the University campus.
Delivering judgment in the case, Chief Magistrate Poromon Menenen said the prosecution failed to prove its case beyond reason.
The Magistrate, in his judgement, noted that the phone the female student claimed she used in recording Professor Ogbonna’s discussion with her on the day of the alleged incident was never tendered as exhibit in the course of the trial.
The Magistrate also stated that the disc the female student claimed she transferred the recording to, was not also tendered in the course of the trial.
The Magistrate stated that the underwear the female student claimed had a semen stain after she was allegedly unlawfully assaulted was not subjected to a forensic examination of any kind.
The Magistrate also added that the the prosecution team failed to call the Health Worker who conducted medical examination on the female student to come and testify in court.
The Magistrate said the prosecution team also failed to provide Chidinma who the victim claimed was in the lecturer’s office with her and left later.
Chief Magistrate Menenen maintained that there is no substantial evidence to prove the case of unlawful and indecent assault against Professor David Ogbonna.
Professor David Ogbonna was subsequently discharged and acquitted.
G.U. Amana, the State prosecuting Counsel in the matter representing Rivers State Ministry of Justice declined to speak to Journalists outside court after the judgement.
One of the defence counsels of Professor David Ogbonna, Emma Okah, who was once Chief Press Secretary to former Governor Peter Odili and later Commissioner for Information and Communications, in an interview with journalists outside the court, said the defence team knew the case would go the way it went because there was no evidence from day one.
According to Okah, the Professor had consistently maintained his innocence.
The State Criminal Investigation and Intelligence Department (SCIID), of Rivers Police Command, Port Harcourt, had on June 28, 2022, arraigned Professor David Ogbonna of Rivers State University on one count charge of unlawful and indecent assault of a 21 years old female student of the institution.
