A Magistrate Court sitting in Port Harcourt has sentenced a 28-year-old man, Chigozie Ordu, to one year imprisonment for unlawfully assaulting two siblings and inflicting grievous bodily harm on them.
Ordu was convicted on a two-count charge of unlawful assault involving Chinaza Victor and Samuel Victor, following an attack that occurred on January 4, 2022, at Jesus Avenue, off School Road, Igwuruta-Ali, within the Port Harcourt Magisterial District.
The court heard that the convict attacked Chinaza Victor with a machete, causing serious injuries to her left hand and back, and also assaulted her brother, Samuel Victor, cutting him on the head during the incident.
In her judgment, Chief Magistrate Illaye Brown held that the prosecution successfully proved its case beyond reasonable doubt, relying on credible evidence and witness testimony.
The magistrate dismissed Ordu’s defence of self-defence, ruling that it failed to meet the legal requirements.
“For self-defence to avail a defendant, there must be evidence of grave and sudden provocation, actual and reasonable loss of self-control, and retaliation proportionate to the provocation,” the magistrate stated.
She ruled that Ordu instigated the incident and failed to establish any of the elements required to justify self-defence. Chief Magistrate Brown further observed that the defendant showed no remorse throughout the trial.
She also rejected claims that the complainants attacked the defendant first, noting that Ordu had no visible injuries, while the victims consistently appeared in court with bandaged wounds during the proceedings.
Consequently, the court sentenced Ordu to one year imprisonment on each count under Section 335 of the Criminal Code, Cap 37, Vol. II, Laws of Rivers State of Nigeria, 1999 (as amended). The sentences are to run concurrently.
The court also recalled that in 2022, the prosecuting counsel, Christian Njigwum, had filed a fundamental rights enforcement suit against the defendant before Justice Ben Whyte of the Rivers State High Court.
In that suit, the High Court ruled in favour of the complainants and awarded ₦1 million in damages against Ordu. The court noted that the damages remain unpaid.
Speaking to journalists after the judgment, Njigwum expressed satisfaction with the outcome.
“This judgment has reaffirmed the rule of law and brought justice to the victims who have endured physical and emotional trauma for years,” he said, thanking the court for what he described as a fair and courageous decision.
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