INTRODUCTION
When thirteen-year-old Ochanya Elizabeth Ogbanje died in 2018 from vesicovaginal fistula after five years of sexual abuse allegedly perpetrated by a father and son she lived with, her story provoked a wave of national outrage. Yet, years later, the outrage has given way to a familiar silence, one that echoes the failures of Nigeria’s justice system to protect its most vulnerable citizens. The eventual release of one of the accused persons in Ochanya’s case was not merely a procedural outcome; it was a devastating reminder of how the legal framework often falters where it is needed most in delivering justice for victims of gender-based violence.
Despite progressive laws such as the Violence Against Persons (Prohibition) Act (VAPP) 2015, the Child Rights Act (CRA) 2003, and relevant provisions in the Criminal and Penal Codes, gender-based violence (GBV) remains one of Nigeria’s most pervasive human rights violations. In the first quarter of 2025 alone, the National Human Rights Commission recorded a sharp increase in complaints in February 2025, a 25% rise from January. In June, the NHRC recorded a 20% increase in complaints compared to May. Sexual and Gender-Based Violence (SGBV) cases remained prominent, particularly incidents of domestic and sexual violence, with a notable rise in rape cases. Violations of children’s rights were also significant.[1]
The case of Vera Uwaila Omozuwa remains one of the most harrowing examples of gender-based violence in Nigeria. She was brutally raped and murdered inside the church where she routinely went to study[2] a crime that provoked nationwide outrage. Yet despite the intense public demand for justice, her killers have never been identified. In a separate incident, Miss Ugochi Success Anosike was brutally raped and murdered in her home in Port Harcourt by a neighbor who is currently at large[3]. These cases represent a fraction of the actual number, as many similar incidents go unreported, whilst survivors continue to face delayed prosecutions, weak evidence handling, and societal complicity that normalizes abuse and silences victims.
This article examines the intersection of GBV and femicide in Nigeria through the Ochanya Ogbanje case, exploring how procedural lapses such as statutes of limitation, lack of forensic evidence, prosecutorial delays, and judicial discretion undermine justice. It also interrogates the role of the courts in either perpetuating or correcting systemic failures and calls for urgent reforms to align Nigeria’s legal framework with constitutional guarantees of human dignity and international human rights standards.
THE OCHANYA CASE: A MIRROR OF SYSTEMIC FAILURE
The case of Ochanya Elizabeth Ogbanje, a student of the Federal Government Girls’ College, Gboko, remains one of the most disturbing illustrations of institutional failure in addressing sexual violence in Nigeria. Ochanya had been placed in the care of Mr. Andrew Ogbuja, a lecturer at the Benue State Polytechnic, and his family. It was within this supposed environment of trust and guardianship that she was subjected to repeated sexual abuse over several years.
In her recorded statement before her death, Ochanya explained that the abuse began with Andrew’s son, Victor. When the misconduct was discovered, rather than securing her safety, the situation escalated: the adult man who should have intervened and protected her later became an abuser as well. The prolonged abuse led to severe medical complications, including vesicovaginal fistula, which contributed to her death in October 2018 at the age of thirteen.
Civil society organizations, including the Women Against Violence and Exploitation Society (WAVES) and the International Federation of Women Lawyers (FIDA), rallied around the case, ensuring that it received public attention and prosecutorial follow-up. Despite the advocacy, the legal proceedings were characterized by delays, fragmented litigation, and procedural setbacks that significantly weakened the pursuit of justice.
Victor Ogbuja faced charges of rape and culpable homicide. Andrew Ogbuja was separately arraigned on charges related to sexual assault. However, in 2024, the Benue State High Court discharged Andrew Ogbuja, holding that the prosecution had not presented evidence that met the threshold of proof required under criminal law. A critical investigative lapse was the failure to conduct a medical examination that could have compared the defendant’s DNA with the findings in the medical report. The court also noted inconsistencies between two post-mortem reports regarding the immediate cause of death. It held that these unresolved contradictions created a reasonable doubt that had to be resolved in favour of the defendant.[4]
The outcome of the case underscores systemic challenges, investigative procedures that fall short of basic forensic standards, the absence of survivor-centered prosecutorial strategy, and judicial reliance on technical requirements that overlook the broader context of abuse, vulnerability, and power dynamics. Furthermore, uneven domestication and enforcement of laws such as the Violence Against Persons (Prohibition) Act and the Child Rights Act mean that protections available on paper often fail those who most need them in practice.
The Ochanya case, therefore, lays bare the profound disconnect between legal provisions and lived realities. It raises a fundamental question: if the legal system cannot safeguard a child known to be at risk, what is the purpose of the law?
RECOMMENDATIONS: CLOSING THE GAPS IN LAW AND JUSTICE
The persistence of gender-based violence and the growing incidence of femicide in Nigeria call for urgent and coordinated reform across the legal, institutional, and cultural spheres. To prevent a repeat of cases like Ochanya’s, Nigeria must move beyond symbolic outrage to substantive legal and systemic change.
1. Legislative Reform: Nigeria must enact specific legislation recognizing femicide as a distinct criminal offence, with aggravated penalties that reflect its gender-motivated and often premeditated nature. In addition, the statute of limitation for all gender-based offences particularly sexual crimes and offences against minors should be abolished. Survivors frequently come forward only after years of trauma, shame, or fear, justice should not be foreclosed simply because time has passed. Moreover, the existing frameworks the VAPP Act (2015) and the Child Rights Act (2003), though progressive at the time of enactment, are now over a decade and two decades old, respectively. Significant social, technological, and legal developments have occurred since then, exposing new forms of abuse, digital exploitation, and gaps in accountability. These laws require comprehensive reform, updating, and, where necessary, re-enactment to reflect present realities and meet contemporary standards of protection.
2. Judicial and Procedural Reform: The judiciary should adopt gender-sensitive procedures in handling GBV cases. This includes the use of closed sessions for survivors, acceptance of expert testimony from psychologists, and reliance on corroborative medical and circumstantial evidence where direct proof is unavailable. Judicial officers and prosecutors should undergo continuous training on handling sexual offences to eliminate unconscious bias and improve victim-centered adjudication.
3. Institutional and Investigative Capacity: Law enforcement agencies must be equipped with forensic tools, specialized GBV units, and victim support services. The National Human Rights Commission (NHRC), NAPTIP, and SCUML should collaborate to develop inter-agency protocols for tracking and prosecuting offenders across jurisdictions. A strengthened witness protection system is also essential to encourage reporting and testimony.
4. Public Awareness and Cultural Reorientation: Legal reform must be complemented by societal education. Public campaigns should challenge cultural norms that normalize violence against women and stigmatize survivors. Schools, religious institutions, and traditional leaders must become partners in prevention, not passive observers of abuse
CONCLUSION
The story of Ochanya Ogbanje is not just a legal tragedy; it is a national indictment. It exposes the chasm between Nigeria’s written laws and our lived reality, where victims of violence are too often denied dignity in both life and death. After years of silence, the case resurfaced only because of sustained public pressure, countless calls for justice, renewed advocacy, and relentless demands on social media. It is this collective outcry that forced the system to reopen the matter. Now, the world is watching, and there is a renewed expectation that this time, the process will not be derailed, and the right thing will finally be done.
To honour Ochanya’s memory — and the countless unnamed victims before and after her Nigeria must reaffirm that justice delayed is justice denied, and that the true measure of the rule of law lies not in the protection it affords the powerless. The time for reform is now before another girl becomes another headline and another promise of justice fades into silence.
Authors
Lateefat Omotomilola Hakeem-Bakare
Principal Partner
Rosewood Legal
lhakeem-bakare@rosewoodlegal.com
Jessica Osademe
Trainee Associate
Rosewood Legal
josademe@rosewoodlegal.com
Published on Friday, November 21, 2025
References: [1]https://www.nigeriarights.gov.ng/nhrc-media/data-and-infographics/570-june-2025-human-rights-dashboard, [2]Emmanuel Akinwotu (The Guardian newspaper), [3]Instablog9janews, [4]The State v Andrew Ogbuja (2019) MHC 41c (Court judgement PDF)