Court Awards N25m to Student Who Became Blind After Being Flogged

A Lagos High Court sitting in Ikeja has ordered the proprietress
of Cendom International Nursery and Primary School, Olodi-Apapa,
Lagos, Mrs Uche Owen, to pay N25 million as damages to a 5-year-old
pupil of the school, Destiny Kalu who became blind after he was
flogged for not paying school fees.

Destiny had through his father, Inyima Kalu, dragged Mrs Owen
and his class teacher, Miss Uduak Sam before the court in 2013 for
flogging and inflicting severe injuries to his right eyes over
non-payment of school fees.

In his statement of claim, Destiny alleged that on June 20,
2011, Mrs Owen came to his classroom and flogged all the pupils
that had not paid their school fees.

He stated that the proprietress further instructed their class
teacher, Miss Uduak to flog them severely.

Destiny claimed that while being flogged, his right eye was
covered with blood as a result of cane injury inflicted on him by
the teacher.

He said the incident left him in pains and tears for several
hours unattended to in the schooI premises.

Destiny further claimed that his class teacher neglected him as
he bled internally and water gushed out of his right eye all
through the school hours, until he was picked up at the close of
school by his father after every staff of the school had abandoned
him and gone home.

Destiny was subsequently taken to Ajeromi General Hospital Lagos
where he was treated and later referred to Lagos University
Teaching Hospital (LUTH)

At LUTH, the right eye was operated on without success. Doctor’s
report revealed that Destiny’s right eye was permanently damaged
and cannot perceive light as a result of severe internal
damage.

Following the permanent injury sustained by Destiny, his father
demanded N30 million as compensation from the school.

In her statement to the Nigeria Police after the incident, Miss
Uduak admitted that she punished the infant by caning him on the
instruction of the principal, Mrs Owen.

However, in her statement of defence, Uduak claimed that Destiny
may have sustained the injury on his right eye during a fight with
another pupil in the school.

The proprietress also denied being responsible for the injuries
sustained by Destiny.

Delivering judgment in the matter after six years of trial,
Justice Yetunde Idowu held the two defendants liable for the
permenant injury.

Justice Idowu held that the defendants owe a duty of care to
Destiny but breached that duty by flogging and inflicting injury on
him.

She said: “Caning a child for non-payment of fees is not only
wrongful but illegal. It is trite and universally accepted that
caning a child does not have positive effect. Flogging is an abuse
of a child and domestic violence against a child. It should be
discouraged completely as it is contrary to all known best
practices and unacceptable.

“The child was under the custody of the 1st Defendant, in her
school premises. The 1st and 2nd Defendants, the owner of the
school and the class teacher owe a duty of care to the child. The
duty of care was breached when the 2nd Defendant on the instruction
of the 1st Defendant engaged in flogging the child.