The Spotlight Initiative reports the story of 12 year old Tubosun (real name withheld) who has endured abuse for close to five years, and only sees a chance to speak up when the Child Protection Network comes to her school to tell the children about their rights. A Nigerian Pastor has recently been sentenced to 53 years in prison for raping his 14 year old daughter. A Missionary owned school in Jos, Plateau State is currently under investigation for allegations of sexual abuse from a staff who has himself eventually confessed. Yet a paper [Ifayomi, M., Ali, P., & Ellis, K. (2024). Child Sexual Abuse in Nigeria: A Systematic Review. Trauma, Violence, & Abuse, 25(5), 3597-3614. https://doi.org/10.1177/15248380241254077 (Original work published 2024).] on child sexual abuse describes its prevalence in Nigeria as being ‘largely unknown’. Want to know why? Regardless of what you hear in the news, the majority of cases STILL go unreported.
Nigerians are a very communal people, which implies that they place a lot of importance on the unity of the family, or in reality, the appearance of unity in the family. Now couple this with the fact that a large number of the child sexual abuse cases occur within the family, with a relative often being the perpetrator. It is usually likely, that instances of child sexual abuse become the subject of “family meetings” where the matter is treated like a ‘misunderstanding’ and parties are admonished to pursue reconciliation. That is in the event that the reports of the child are even taken seriously and not dismissed. This unfortunate state of affairs is what gives a lot of the perpetrators the kind of audacity you only see when a person anticipates no actual repercussions for their wrongdoings.
But on paper, our laws have at least captured it as an offence. The Criminal and Penal Codes set the age of consent for sexual activity at 18. The Violence Against Persons Prohibition Act (VAPPA) went the extra mile to criminalize sexual offences against both male and female persons, provide stricter punishments, mandate the existence of a Sex Offenders Register, and even promise victim support and compensation. A recent impressive improvement in the number of states who have domesticated the Act has recently been recorded; from 19 states in March 2022 to 35 out of 36 states currently.
It would be something to celebrate, if only it automatically translated to a society where child sexual abusers are proactively dealt with. Yet we have to wake up to yet another sad case of abuse of a vulnerable child going unpunished, and not just that, one that led to the death of the child.
The Story of Ochanya:
Ochanya Elizabeth Ogbaje was five years old when she went to live with her maternal aunt, because she needed to go to school, and there was no school in the village where she lived with her parents.
It has been reported that her cousin, Victor Ogbuja, started forcing himself on her when she was eight years old. He was found out by his sister, who reported the matter to their father. The father did what was expected at first, or at least started taking a step, by confronting and scolding him. Next step, proper consequences, yes? In a very strange turn of events, the father Andrew Ogbuja, instead turned around and began abusing her too. This unfortunate situation continued for at least five years, during which time, Ochanya had developed VVF (Vesicovaginal Fistula). VVF is a serious medical condition where an abnormal connection forms between the bladder (vesico) and the vagina (vaginal), causing continuous leakage of urine into the vagina, leading to significant physical and social distress, often resulting from childbirth complications or pelvic surgery. Ochanya eventually died in the hospital from complications of the condition in 2018, at the age of 13. Please keep in mind that this condition was caused because of the severity of the abuse she had faced in the hands of her uncle and cousin, even without reports of pregnancy.
Before her death, she was recorded on videotape recounting her horrible experience.
The Sentencing:
The Headline of a news report from the Punch Newspaper, April 29, 2022, reads thus:,
“Ochanya: Court aquits lecturer of rape, death of 13 year old, convicts wife.”
Apparently, Ochanya’s aunt Mrs. Felicia Ogbuja, was sentenced to five months in prison for negligence because she failed to protect her from being abused by her son Victor Ogbuja.
On the other hand, her uncle Andrew Ogbuja, who was and charged with murder and rape, was acquitted on all charges for “lack of evidence beyond reasonable doubt”.
Meanwhile, Victor Ogbuja, Ochanya’s cousin, fled and remains ‘at large’ till date.
What a funny turn of events.
Notice how in the case against Mrs. Ogbuja, Ochanya was only said to have been abused by her cousin Victor, who, rather conveniently, was nowhere to be found. Also quite conveniently, the conviction of Mrs. Ogbuja could not be used as automatic evidence against her husband, since only the son was implicated in yer judgment.
One would wonder, what kind of evidence would lead to the Mrs. Ogbuja’s conviction, but make it completely impossible to find the Mr. Ogbuja, the main culprit, guilty?
What exactly is the purpose of the laws we have then?
Let’s take a short lesson on criminal law: Acts governed by and punishable under the law are divided into two major categories: criminal offences, and civil wrongs. The former refers to acts that can be considered as posing danger to the general public, and therefore considered offences against the State. Examples include murder, rape, armed robbery, you should be getting the picture by now. The latter consists more of wrongs affecting a specific person, usually because of a relationship between them and the wrongdoer, contractual or otherwise. Examples include trespass on personal property, negligence, nuisance, etc.
As we have mentioned above, the offence in this particular situation is a criminal offence. According to Section 138 of the Evidence Act, the prosecution in a criminal matter must prove its case ‘beyond reasonable doubt’. For those unfamiliar with legal terminology, the prosecution in a criminal matter simply refers to the group of State officials working to represent the state against the accused person in a criminal matter. This is because a criminal offence is regarded as an offence against the State, and a typical criminal case is usually titled as The State v. “so and so”.
Now in The State v. Andrew Ogbuja, the court acquitted the accused on the ground that the prosecution failed to prove their case beyond reasonable doubt. The judge particularly stated that the Police officers who worked on the case had failed to conduct a medical examination on Mr. Andrew to match his samples with those in the medical reports provided in court. Apparently they had also provided conflicting autopsy reports made on the body of the late Ochanya, with one stating that she died of natural causes and the other stating that she had died from complications related to sexual abuse. Interestingly, Mrs. Ogbuja had been convicted after the court had ruled that there had been enough evidence to declare that Ochanya had in fact been abused.
The requirement of beyond reasonable doubt here is often interpreted by the court to mean, that there exists no other rational conclusion after all evidence has been examined, that the accused is in fact guilty of the crime.
In a case as sensitive as Ochanya’s, would it be out of place to wonder why both the court and the prosecution did not appear particularly invested in unearthing the truth, making sure that the perpetrators were brought to justice?
The whole idea behind criminal law is that offenders are automatically considered a perpetual threat to society, hence the usual resulting judgement that they be locked up.
The question remains: what would have made it so utterly impossible for the court and also the prosecution presenting evidence, given the tragic situation where the matter had resulted in the death of a child, to find the man guilty, even though his wife was found guilty for negligence and actually sentenced to prison? Even if, for any ridiculous reason, the court could not conclude on the guilt of the man especially pertaining allegations of abuse, why did the man manage to escape also being detained for negligence of the child? Was the child also not in his care?
The saddest thing about these types of cases is not just the fact that child has died, sad as that already is. It is that it indirectly provides a lot of other abusers with the kind of audacity it takes to continue perpetuating wickedness, because they are almost assured of an absence of any consequences for their actions.
And that spells danger, especially for children. A society that cannot protect its children is actually a failed society. A dangerous one.
The Problem of Access to Education:
Education is one of the most powerful tools for personal and societal development. It is indeed a tool of transformation, as it empowers individuals with the right knowledge, skills and values that help them lead productive and meaningful lives which contributes greatly to their communities and society at large.
According to the Sustainable Development Goal (SDG) 4: Quality Education – “Every child, youth and adult – regardless of gender, socioeconomic background or geographic location should have the opportunity to receive a meaningful education that equips them with relevant skills for life and work”.
SDG 4 aims to create a world where education is a right for everyone, not a privilege for a few – laying the foundation for a more equitable, peaceful and sustainable future for everyone.
However, despite its importance, millions of children and even adults across the world and especially Africa, are deprived access to quality education. Lack of access to quality education has become a prevalent menace and a major barrier to achieving global equality and sustainable development.
One of the major and leading factors for limited access to education is Poverty. Families struggling to meet basic needs cannot afford school fees, uniforms, stationeries and sometimes transportation costs. A lot of children have been forced into child labour to support their families as a result of impoverishment, this in turn keeps them out of the classroom. Apart from this, there are still rural areas even in a country like Nigeria, which, in 2025, do not even have proper school. It is in one of such communities that Ochanya was born, and it was because of this state of affairs, that she had to leave her parents and go to reside in the house the man who would become her abusers.
Yes, it is also a well known possibility that parents can themselves be responsible for sexually abusing their children. However, there still exists a much greater risk for young children who have to be uprooted from the familiar, to a completely unfamiliar environment, all in a bid to at least get a chance at being educated. In fact in some cases, some children are taken from their villages or communities to a new and unfamiliar town AND family to whom they are not even related. The psychological effect of this brand of migration peculiar to many Nigerian societies, is often overlooked. Even in the absence of sexual abuse, these types of arrangements are often breeding grounds for domestic abuse, or even a general feeling of abandonment and struggle to belong.
It is unfortunate that a country like Nigeria cannot promise its young even something as seemingly simple as the opportunity to access education without having to trade their sanity for it in the process.
Addressing the issue of lack of proper access to education in Nigerian rural communities requires a collective effort from the government, organizations and communities. Social programs that can reduce the economic burden off some families and communities should be embarked on.
At the end of the day, education is not and should never have to be a privilege accessible only to a select few. It is a fundamental human right, deserved by every child regardless of gender, or economic/social status.
On Interdependence and Responsible Communities:
You read a story like Ochanya’s, and one primary thing that comes to mind is, how did the entire ordeal slide past her community. You begin to ask and wonder if nobody asides from the immediate family she stayed with had a clue about what was going on. Did anyone not notice changes in her behavior, countenance and even her general outlook? In school, in church, anywhere else, even in the neighbourhood? If something was noticed, who said something or asked the right question? Was an alarm raised about her situation that could have averted her death? And after her death, why did it have to take seven long years before everyone started clamoring for justice?
This only attest to one sad truth – We live in a highly self-centered and individualistic world, where everyone looks out just for their personal needs and best interest.It is saddening that Ochanya must have had neighbours, school teachers, church members who all folded their arms and watched on as life was silently seeping out of her – At least one person must have noticed a difference about her in the five years of serial abuse coupled with mental, emotional and physical torture, but they all chose silence and protecting the evil perpetrator over vindicating a little child who had a whole life ahead of her.
For people who once prided themselves on being communal (as has been mentioned earlier in this article, there is a strong cause for alarm as we now watch the African society degenerate into such an inhumane, individualistic setting. What happened to our humanity, to people speaking up and acting together against evil and injustice not done to only them, but someone they know or see? The truth is, this kind regression spells doom for the society. Because real progress happens when communities look out for one another and when people take it upon themselves that safety is not a matter for the law enforcement agency or government alone, but a collective effort with intentionality.
But then again, one is forced to wonder if this is really a new or developing phenomenon, or it is simply getting spotlighted now more than ever. Because it doesn’t really seem like the respect for “communal” living, where the perceived unity of the family is protected against ordeal of the abused and oppressed, has suffered a blow. Is our sense of community only dedicated to protecting appearances over reality? Does it only matter that the family or community appears closely knit, even if it means the oppressed will forever suffer in silence?
What can we do to create communities where silence and shame is not the first response to abuse and oppression? Where children are not taught to bury their pain, or feign strength in the face of unnecessary, avoidable hardship?
How can we build communities where every life actually matters?
It is important that we ponder on these questions until we find actionable answers. It is in fact, these kinds of questions that prompted the establishment of this initiative. In our own way, we will continue to do what we can to contribute to our communities, sparking change in as many young children as possible, one at a time.
If you’d like to know more about what we do as an organization, find out more here.
If you’d like to partner with us for any upcoming projects, please click here.
We are currently working on a project addressing the unfortunate surge in child/teenage pregnancies among underprivileged children. Through this project, we hope to reach at least 20 young mothers between the ages of, providing both emotional and financial support as they navigate this very unfamiliar stage in their lives. You’re more than welcome to click here to find out more about the project, including how you can participate/donate.
By Ayikpo Timothy and Akande Abimbola