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Wednesday, September 14, 2011

Pupil files N500m suit against teacher for losing right eye after beating



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.
You go girl! So proud of this 10year old. That's
how to do it! Please continue reading...
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.
Source: Vanguard

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