An Orlu Magistrate Court sitting in Owerri, Imo State, has ordered the remand of 74-year-old 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, filed by the Commissioner of Police.
The charges involve rape, contrary to Section 358 of the Criminal Code, Cap C38, Laws of the Federation of Nigeria 2004, and indecent assault under Section 360 of the same law.
However, the court said it lacked jurisdiction to hear the rape charge because such offences fall under the High Court’s jurisdiction. It also noted that Section 93 of the Administration of Criminal Justice Law (ACJL), Imo State, allows a Magistrate Court to consider bail applications.
U.D. Udora, Esq., appeared for the Commissioner of Police, while P.O.K. Osuji, Esq., represented Vitalis. C.G. Enyia, Esq., appeared for 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.
Due to the sensitive nature of the allegations, the court sought Enyia’s position on bail.
Enyia urged the court to protect the alleged victim’s rights and ensure 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 stressed that Vitalis had not been tried and remained presumed innocent.
After hearing both sides, the court ordered his remand at the Owerri Correctional Centre pending further proceedings.
The court said Vitalis could seek bail at the High Court, while his lawyer could file a bail application before the Magistrate Court and serve the prosecution.
It also directed that the case file be sent to the Director of Public Prosecutions for legal advice.
The case was adjourned until September 15, 2026, for the DPP’s report.
