The Asaba Division of Court of Appeal, has overturned the judgment of the Delta State High Court sitting in Asaba which discharged and acquitted a Defendant, Mr. Uchenna Ukpa, who stood trial for the offence of Rape. The Court of Appeal imposed a sentence of life imprisonment for the sexual assault of a 13-year-old girl.
The Appellate Court in its judgment delivered on 17th December 2025, allowed the appeal filed by the Delta State Government in Appeal No. CA/AS/179C/2024, thereby setting aside the earlier decision of the High Court in Charge No. A/48C/2023.
Mr. Ukpa was charged before the High Court of Justice, Delta State, Asaba Judicial Division, on a one-count information of the offence of Rape contrary to Section 3(1)(a) and punishable under Section 4(1) of the Delta State Violence Against Persons Law, 2020.
At the trial in the lower Court the prosecution called five witnesses in support of its case, while the Defendant testified in his own defence. Upon the conclusion of trial, the learned trial judge in his judgment delivered on 20th February 2024, held that the prosecution failed to prove the charge against the Defendant beyond reasonable doubt and consequently discharged and acquitted him.
Dissatisfied with the decision of the trial court, the Delta State Ministry Of Justice filed an appeal dated 2nd May 2024, which challenged the judgement of the lower Court. The appeal was handled by Mrs Blessing Oweibe-Cookey of the Department of Sexual Offences, Domestic Violence and Child’s Rights Unit of the ministry.
The appeal was subsequently heard by the Court of Appeal, Asaba Division, following the exchange of briefs of argument filed by both parties. The Respondent’s brief was filed in August 2025, while oral arguments were taken on 29th September 2025.
In its judgment, the Court of Appeal held that the trial court erred in law in acquitting the Defendant despite the evidence adduced by the prosecution in proof of its case. The appellate court accordingly allowed the appeal, entered a verdict of guilt against the Defendant, and sentenced him to life imprisonment.