Tina Amanda
A Magistrate Court sitting in Port Harcourt has discharged Professor David Ogbonna of Rivers State University, who has been standing trial for alleged unlawful and indecent assault on a female student by inserting his penis in her vagina in his office on the University campus.
Chief Magistrate Poromon Menenen, in his judgment delivery on Monday 25 September 2023, said the prosecution team failed to prove their case.
The Chief Magistrate ruled that the mobile phone the female student claimed to have used in recording Professor Ogbonna’s discussion with her on the day of the alleged incident was never tendered as an exhibit during the court trial.
The court also stated that the disc the female student claimed she transferred the recording to, was not also tendered in the course of the trial.
Chief Magistrate Menenen held that the underwear the female student claimed had a semen stain after she was allegedly and unlawfully assaulted was not subjected to a forensic examination of any kind and the prosecution team failed to call the Health Worker who conducted a medical examination on the female student to come and testify.
The Magistrate said the prosecution team also failed to provide one Chidinma to testify whom the female student claimed left her and the Professor in the lecturer’s office after both of them came to his office.
The court further ruled that there is no substantial evidence to prove the case of unlawful and indecent assault against Professor David Ogbonna, thereby discharging and acquitting the Defendant.
The State prosecuting Counsel, G.U. Amana, representing Rivers State Ministry of Justice declined to speak to Journalists on the judgment.
Emma Okah one of the Defendant Counsel of Professor David Ogbonna, in an interview with Journalists, said the defense team knew the case would go the way it went because there was no evidence from day one.
He asserted that Professor Ogbonna has been innocent from the beginning and will continue to be innocent.
The State Criminal Investigation and Intelligence Department (SCIID), Port Harcourt had on June 28, 2022, arraigned Professor David Ogbonna of Rivers State University on a one-count charge of unlawful and indecent assault against a twenty-one-year female student of the institution.
He had at then pleaded not guilty to the charge.