A Lagos State High Court in Ikeja on Wednesday ordered the proprietress of Cendom International Nursery and Primary School, Olodi-Apapa, Lagos, Mrs Uche Owen to pay N25 million as damages to a five –year old pupil, Destiny Kalu who incurred injuries in his eyes and got damaged during caning.
Delivering judgment six years after the case was filed, Justice Yetunde Idowu held that caning a child for non-payment of fees is not only wrongful but illegal and that it is trite and universally accepted that caning a child does not have positive effect.
Destiny had dragged Mrs Owen and his class teacher, Miss Uduak Sam before the court, through his father, Inyima Kalu in 2013 over what he described as negligent and violation of his rights.
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 severely flog them.
Destiny claimed that while being flogged, his right eye was covered with blood as a result of cane injury inflicted on him by Uduak.
He said the act of cruelty left him in pains and tears for several hours unattended to in the school premises
Destiny further claimed that without administering first aid treatment, 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 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 without success. Doctor’s report revealed that Destiny’s right eye was permanently damaged and cannot perceive light as a result of severe damage to the eyes.
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 Mrs Owen.
However, in her statement in defence of the suit, 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.
But delivering her judgment, Justice Idowu held the two defendants liable for the permanent injury sustained by Destiny.
Justice Idowu stated that the defendants owe a duty of care to Destiny but breached that duty by flogging and inflicting injury on him.
The judge held, “Caning a child for non-payment of fees is not only wrong 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 and 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.
“Vicarious liability basically means that employers are liable for the torts of their employees, committed during the course of employment. A tort is a wrongful act or an infringement of a right (other than under contract) leading to legal liability.
“Damages in the sum of N25 million is awarded in favour of the infant suing by the next of kin,” the judge held.