Court dismisses JSS 1 student’s N15m damages claim

Ekiti State High Court sitting in Ado Ekiti has dismissed a suit instituted by a nine-year-old Junior Secondary School 1 student of Mary Immaculate Girls Grammar School, Ado Ekiti, through her mother. Justice Lekan Ogunmoye while dismissing the suit said the applicant who had sought declaratory reliefs was however unable to place before the court […]

Ekiti State High Court sitting in Ado Ekiti has dismissed a suit instituted by a nine-year-old Junior Secondary School 1 student of Mary Immaculate Girls Grammar School, Ado Ekiti, through her mother.

Justice Lekan Ogunmoye while dismissing the suit said the applicant who had sought declaratory reliefs was however unable to place before the court credible and sufficient evidence to convince it to grant her prayers.

“It is also trite that applications for the enforcement of fundamental rights are granted once the rights of the applicants are shown to have been breached or threatened. This was not done in the instant case.

“The sole issue for determination is hereby resolved against the claimants. The reliefs sought are hereby dismissed,” he said.

In her originating summons placed before the court by her counsel, Mr Timileyin Eric Omotoso, among other reliefs sought a declaration that the physical, mental, violence, abuse, and negligent treatment she received as a JSS 1 student of Mary Immaculate Girls Grammar School, Ado Ekiti, by the respondents are illegal and unconstitutional and a violation of her fundamental right to the dignity of her person as guaranteed under section 34(1)(a) of the Constitution of Nigeria as amended and Article 5, of the African Charter accordingly.

She also sought an order directing the defendants jointly and severally to pay the sum of N15, 000,000.00 as general damages for the violation of her fundamental rights to education, dignity, fair hearing and the protection of the Child Right.

The respondents in the suit were; the school principal, Mrs Oluwasanmi Funmilayo, Ekiti State Commissioner for Education, Ekiti State Teaching Service Commission and the Government of Ekiti State.

Counsel for the respondents, S.B.J. Bamise in his counter affidavit, described all averments in the originating summons as not only untrue but total falsehood.

One of the respondents said Agenoisa, a nine- year-old JSS1 student of Mary Immaculate Girls Grammar School, on May19, 2021 came to the school with a weird, indecent and unapproved hairdo.

“In an attempt to correct and scold her, she shouted at her teacher, that it was her mother who made the hair on her birthday. Following her unruly behaviour, she was punished with two strokes of cane and warned not to come to school with such hairdo again.

“During a meeting with the girl and her mother on the second day, she called her husband, Igenoisa Moses, a police officer, who later came to the school with five fully armed policemen. On their arrival, they started beating and harassing some of the school teachers. They forcefully opened the school gate and, in the process, wounded the gateman, while other officers in company of Moses went away with the mobile phone belonging to one of the teachers, who was filming them during the fracas,” she said.

The applicant’s counsel said he was reviewing the judgment and promised to appeal the verdict thereafter.