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Wednesday, 14 September 2011
Pupil files N500m suit against teacher for losing her left eye
BENIN – A 10 year primary four pupil at Okhoro Primary School, Okhoro, Benin Miss Blessing Okaeben, has instituted a N500million suit against her teacher, Mrs. Mercy Iyobosa Monday at the Federal High Court, Benin for flogging and beaten her with a broom leading to blindness of her left eye for failing her Mathematics test.
Joined in the suit are the Edo State Universal Basic Education Commission (SUBEB), Universal Basic Education Commission (UBEB), Edo State Government and Egor Local Government Education Authority.
In the Originating Motion brought under Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 by her Counsel, Bamidele Igbinedion Esq. Miss Okaeben asked the court to declare that the accusation of witchcraft and flogging/beating with a big cane and then a broom by her class teacher for failing a Mathematics test amounted to physical, emotional abuse, maltreatment, punishment, cruelty, torture, inhuman and degrading treatment.
She averred that the action of her class teacher has grossly violated her fundamental right to respect for the dignity of her human person as guaranteed by Sections 34 of the Constitution of the Federal Republic of Nigeria 1999 as amended, Article 5 of the African Charter on Human and peoples’ Rights among others.
She further plead that court hold that the blinding of her left eye by the 5th Respondent after flogging/beaten her with a broom for failing a Mathematics test while acting as an agent/servant of the 1st – 4th Respondents amounted to physical, emotional abuse, maltreatment, punishment, cruelty, torture, inhuman and degrading treatment and consequently a violation of her fundamental human rights as enshrined in the Nigeria Constitution, African Charter on Human and Peoples’ Rights ACT and Section 11 of the Child’s Rights Act, 2003.
She therefore asked the court to award her the sum of N100 Million jointly and severally against the respondents as general and or exemplary damages/compensation for the excruciating pains, suffering, slander, humiliation, inhuman and degrading treatment and discomfort.
Miss Okaeben is also demanding for an award of N400, 000Million jointly and severally from the respondents as general and or exemplary damages/compensation for unlawful and unconstitutional blinding and eternal loss of her left eye, future pains, inconveniences and suffering.
The primary school pupil want the court to award to the sum of N175,000,00 jointly and severally against the Respondents as special damages for the medical and other expenses that she has incurred since the incident.
No date has been fixed for hearing of the suit by the court.