Akin Kuponiyi
The family of a minor student of Model College Badore in Eti-Osa LGA of Lagos state, Qudus Akinsemoyin, who lost his left eye due to corporal punishment inflicted on him by a senior student of the school, Olashile Balogun, has appealed to the Attorney General of Lagos state to obey the judgment of the court that adjudicated in the matter.
In a letter written on behalf of the family of the victim by a Lagos Lawyer, Barrister Bode Olaosebikan, the family of Qudus Akinsemoyin appeals to the Attorney General of the state to obey the court’s judgment, since there was no appeal against it.
According to the judgment delivered in favour of the claimant, Qudus Akinsemoyin, suing through his next friend Alhaja Kuburat Ajoke Azeez-Akinsemoyin, the facts of the matter in a nutshell are that on the 3rd day of July 2010, Olashile Balogun, then a senior student of Model College Badore, Eti-Osa LGA of Lagos State, in the guise of disciplining the claimant, who was a junior student of the same school, beat him with a cane and sustained serious injury to the eye. The Claimant avers that the medical report shows that the injury sustained had caused permanent disability to the Claimant’s left eye; the negligent act of Olashile Balogun, who is a first defendant, caused a permanent injury to the left eye of the Claimant, thereby breaching his duty of care to the Claimant.
The Claimant avers that Model College and the Ministry of Education, Lagos State, which are the second and third defendants, respectively, in this case, also owe the Claimant the
duty of care to provide a friendly and safe environment of learning for him to learn.
The Claimant attended several medical eye centers, including the Army Eye Center, Military Hospital Lagos, and was issued a medical report dated 12th January 2011 to the effect that the Claimant has a permanent disability in his left eye.
Thereafter, the Claimant had to undergo a series of tests and treatment, and paid several bills. The prescription sheet/receipts were tendered in evidence as Exhibits. Counsel to the Claimant, Mr Bode Olaosebikan, wrote to the School, and Commissioner for Justice, and the Attorney General, Lagos State, who is the 4th Defendant in this case. View a letter dated 7th February 2011 about the incident and the medical report on the permanent disability of the Claimant. The Claimant was referred to the Chief Medical Director.
LASUTH Ikeja, and he attended all the tests and used the drugs prescribed. The 2nd, 3rd and 4th Defendants through their counsel also requested during the case management conference that the Claimant undergo another test and examination at a Government hospital to reconfirm that the Claimant has permanently lost his sight on his left eye at LASUTH which he did and on the 15th of April 2015, a letter was issued by LASUTH but the recommendations was not brought to the attention of the Claimant having been placed under strict confidence within the Government ministries.
On the whole, the claimant was claiming the following reliefs:
A sum of N100 million as general damages for the negligence and failure of the duty of care by the defendants, which resulted in permanent disability of the left eye of the claimant.
The cost of this action and solicitors’ fee in the sum of N1Million
Special damages in the sum of N27,150
In her judgement, the presiding Judge, Justice O.F. Aigbokhaevbo said
“From the evidence adduced by the Claimant, the first defendant, Olashile Balogun, owes a duty of care to the claimant not to do any act that will inflict on him grievous bodily harm. Being a student himself, albeit a senior to the Claimant, the 1st Defendant ought not to be in the position to discipline the Claimant by beating him with a cane.
Discipline of students should be carried out by the school authority and not by a fellow student. Even if discipline of junior Students by their seniors is permitted in the school (which is unacceptable), the 1st Defendant owes a duty of care to the Claimant not to adopt any measure that would cause grievous bodily harm to the Claimant as in this case. ; The proper thing to do in the circumstances of this case was for the 1st Defendant to report whatever wrong done by the Claimant to the school authorities which he failed to do. Rather, he took it upon himself to discipline his fellow student by beating him with a cane and injuring his left eye in the process.
It should be pointed out that even a school teacher or the child’s parent who, though having the authority to discipline a student or child as the case may be, still owes a duty of care in the act of discipline. Any form of discipline by anyone resulting in a serious injury to a person’s eye is excessive and a clear breach of a duty of care.
On the whole, I hold that.
From the evidence adduced by the Claimant, the first defendant, Olashile Balogun, owes a duty of care to the Claimant not to do any act that will inflict on him grievous bodily harm.
The Claimant has proved his case on the balance of probability as required by law. I therefore enter Judgement for the Claimant and order as follows:
The sum of N20,000,000.00 (Twenty million naira) is awarded against the defendants jointly and severally, in favour of the Claimant as general damages for the acts of negligence of the Defendants that resulted in a serious injury to the left eye of the Claimant on the 3rd day of July, 2010.
An award of special damages in the sum of N27,150.00 (twenty-seven thousand one hundred and fifty naira) to be paid to the Claimant by the Defendants.
The Defendants shall pay the cost of this action in the sum of N200,000.00 (Two hundred thousand naira) to the Claimant.
This is the judgment of the court.