Rape: Court Orders Police Corporal To Pay N10m Damages To Two-Year Old Baby
BEVERLY HILLS, February 11, (THEWILL) - For descending so low to defile a two-year-old baby girl, a Nasarawa State High Court sitting in Mararaba, Tuesday, ordered the rapist, Police Corporal Anthony Onoja, and the Inspector General of Police to pay the victim, Baby Chinwendu Obi Onwudiwe a whopping N10 million as exemplary damages.
Delivering judgement in the case of rape file against the police corporal at the Nassarawa State High Court 5, Mararaba by the mother of the baby, Mrs.
Ngozi Obi Onwudiwe through her lawyer, Barrister Esther Uzoma, who is also the National co-ordinator, Proactive Gender Initiative, an Abuja based non governmental organization, the trial judge, Justice A.
Asmau said she was convinced beyond reasonable doubt that the respondents in the case (IGP and Corporal Onoja) infringed on Baby Chinwendu's fundamental rights.
Uzoma, on behalf of Onwudiwe, had in a motion on notice dated November 6, 2013 and filed same day prayed the court for four declarations and three orders.
The prayers included : *A declaration that unlawful carnal knowledge, indecent assault and defilement of tender and vulnerable two-year old Miss Chinewendu Obi Onwudiwe by Police Corporal Anthony Onoja is inhuman, degrading, unlawful and an abuse of her right to life, respect and dignity of human person as enshrined in Section 33 and 34 of the Constitution of the Federal Republic of Nigeria 1999(as amended) 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, amounts 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(2003).
*A declaration that unlawful carnal knowledge, indecent assault and defilement of tender and vulnerable two - year old Chinwendu Obi Onwudiwe by Corporal Anthony Onoja is an outright violation of Section 31 of the Childs Right Act 2003 *A declaration that the act of the second respondent is unconstitutional and is degrading and inhuman treatment.
She therefore, urged the court to grant an order mandating a comprehensive health examination and treatment of little Chinwendu Obi Onwudiwe at the expense of the respondents *An order for the payment by the respondents of the sum of N1,500,000 being special damages for the expenses so far incurred by the parents of the little girl Chinwendu Obi Onwudiwe on her health and since the occurrence of the unfortunate incident *An order for payment by respondents of the sum of N10million being exemplary damages for infringement of Chinwendu Obi Onwudiwe's fundamental rights.
The baby's mother, Ngozi, 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 Sate, Corporal Onoja of the Nigeria Police Force, indecently assaulted, defiled and had unlawful carnal knowledge of the baby, saying the pains were excruciating and horrible.
She said she traced her daughter to Corpral Onoja's room where she met the little girl groaning in pains and anguish, with blood gushing out of her private part.
'Corporal Anthony Onoja's wife rationalised the blood gushing out of little Chinwendu's private part as her monthly period (menstruation),' the baby's mother alleged.
She said the incident was reported at Mararaba Police station while little Chinwendu was taken to Medical Centre, Mararaba.
Justice Asmau held that the rape of little Chinwendu by Corporal Anthony Onoja was unconstitutional and a breach of her fundamental right to life, respect and dignity of human person.
She condemned in strong terms the action of the 2nd respondent, Corporal Onoja stressing that what he committed on the baby was an act animals would not commit on their young ones.
She said that general damages should be a fair and balance assessment of injuries suffered, stressing that the prayers of the applicants for N10million damages was justified and therefore granted it.
Justice Asmau further ordered that little Chinwendu Onwudiwe be taken immediately for comprehensive medical treatment at the expense of the respondent.
She, however, declined to grant the N1.
5million being special damages for the expense so far spent by the parents of the little girl.