74-Year-Old Man Remanded Over Alleged Rape, Indecent Assault Of Person With Disability In Imo | Sahara Reporters

Vitalis was arraigned on Friday, August 14, 2026, on a two-count charge marked MOR/70c/2026 in a case brought by the Commissioner of Police.

An Orlu Magistrate Court sitting in Owerri, Imo State, has ordered the remand of a 74-year-old man, Ochichi Vitalis, over alleged rape and indecent assault of a person living with disability.

Vitalis was arraigned on Friday, August 14, 2026, on a two-count charge marked MOR/70c/2026 in a case brought by the Commissioner of Police.

The charges bordered on 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.

The court, however, noted that it lacked jurisdiction to try the rape charge, as such an offence falls within the jurisdiction of the High Court.

The court also noted that Section 93 of the Administration of Criminal Justice Law (ACJL), Imo State, empowers a Magistrate Court to consider bail applications.

During proceedings, U.D. Udora, Esq., appeared for the Commissioner of Police, while P.O.K. Osuji, Esq., represented the defendant.

C.G. Enyia, Esq., appeared on behalf of the Human Rights Committee of the Nigerian Bar Association (NBA), Owerri Branch, while J.M.E. Onyenakazi and D.F.C. Joe Onyenakazi, Esqs., held watching brief for the complainant.

Given the sensitive nature of the allegations, the court sought the opinion of the Human Rights Committee lawyer on the issue of bail.

Enyia urged the court to ensure that the rights of the alleged victim were protected, stressing the need for justice for all parties.

“The victim’s right has been abused and what we seek is justice. Justice is a three-way traffic as captured in Justice Oputa’s words in Josiah vs The State; justice for the victim, fairness in the process, and public confidence,” Enyia told the court.

The magistrate acknowledged the submission but noted that Vitalis had not been tried and should therefore be presumed innocent pending determination of the case.

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 could apply for bail before the High Court, while his counsel was permitted to file a bail application before the Magistrate Court and serve the prosecution.

The court further directed that the case file be transmitted to the Director of Public Prosecutions for legal advice.

The matter was adjourned until September 15, 2026, for the DPP’s report.