Court Dismisses Case Filed by A Secondary School Student Against Her Teachers and Government
Gift Agenoisa, a JSS1 female student of Mary Immaculate Secondary School in Ado-Ekiti, filed a lawsuit against the Ekiti state government over suspension from school for “incident hairstyle.”
According to NAN, Agenoisa approached the state high court to demand a reversal of her suspension.
The student, in the suit sworn on her behalf before the court by Odunayo Agenoisa, claimed that her suspension from school by the government infringed on her rights.
In the suit with number HAD/01/CR/2021, the student also demanded N15 million as damages for alleged breach of her fundamental rights by the government.
She described as “cruel and inhuman,” the alleged treatment meted on her for coming to school with the alleged indecent hairstyle.
Also joined in the suit are Oluwasanmi F.M, the school principal (1st respondent), Olabimpe Aderiye, the commissioner for education (2nd), the Ekiti State Teaching Service Commission (3rd), and the Ekiti state government (4th respondent).
In the affidavit attached to the originating summons, the plaintiff claimed that she was singled out of the assembly on May 22, and given 20 lashes on the order of the school principal for the alleged indecent hairstyle.
In her summons deposed by Timmy Omotoso, her counsel, and in pursuant to order 2 rules 1,3,4,5 and 6 of the fundamental rights enforcement procedure rules 2009 as preserved by section 315 of the 1999 constitution, the applicant prayed the court to ensure she is paid the N15 million damages.
She also demanded her immediate reinstatement back to school with unfettered access to all services being rendered therein.
The plaintiff claimed that the beating she got that day resulted in bruises, life-threatening scars and bloodstains on her uniform, adding that she fainted and was rushed to the police clinic in Ado-Ekiti where she was resuscitated.
She claimed further that her letters of protest to Bisi Fayemi, wife of Ekiti governor, and some relevant government agencies were not responded to.
This, she said, informed her decision to seek redress through legal action.
The plaintiff also alleged that she was being denied access to the school premises and her class on the orders of the principal since then.
NAN reported that Elijah, the student’s father and a police sergeant, allegedly mobilised four armed policemen to the school in May to “manhandle some of the teachers.”
The development had come after the teachers reportedly scolded his daughter who was said to have come to school with an indecent hairdo against the school’s rules and regulation.
Court Dismisses Case Filed by A Secondary School Student Against Her Teachers and Government
The Ado Ekiti Division of the State High Court on Wednesday dismissed the suit instituted by the student via her mother.
Respondents in the suit are the School Principal, Oluwasanmi Funmilayo, Ekiti Commissioner of Education, Ekiti Teaching Service Commission, and the Government.
Delivering judgement, Justice Lekan Ogunmoye, held that the applicant did not place before the court credible and sufficient evidence to convince it to grant her prayers.
“It is also trite, that applications for the enforcement of fundamental rights are granted once the rights of the applicants are shown to have been breached or threatened.
“This was not done in the instant case.
“The sole issue for determination is hereby resolved against the claimants, the reliefs sought are hereby dismissed,’’ he said.
Counsel to the applicant, Timileyin Omotoso among other reliefs sought a declaration that the physical, mental, violence, abuse, negligent treatment of the nine-year-old JSS 1 student was illegal and unconstitutional.
He said it was a violation of his client’s fundamental right to the dignity of her person as guaranteed under section 34(1)(a) of the Constitution of Nigeria as amended and Article 5, of the African Charter accordingly.
He also sought for an order directing the respondents to immediately lift the suspension placed on the applicant on May 19 in the school and reabsorb her to continue her education and learning forthwith”.
Furthermore, he sought for an order directing the respondents to pay N15 million as general damages for the violation of her fundamental rights to education, dignity, fair hearing and the protection of the Child Right.
Counsel for the respondents, S.B.J. Bamise, in his counter affidavit, described all averments in the Originating Summons, as not only untrue but total falsehood.
According to one of the respondents, Funmilayo Oluwasanmi, the girl on May 19, went to the school with a weird, indecent and unapproved hairdo, in an attempt to correct and scold her, she shouted at her teacher, that it was her mother who made the hair for her birthday.
Mrs Oluwasanmi said following her unruly behaviour, she was punished and given two strokes of cane and warned not to come to school with such hairdo again.
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He said during a meeting with the girl and her mother, she called her husband, Moses Igenoisa, a Police Officer, who stormed the school with five fully armed Policemen.
“On their arrival, they beat up and harassed some school teachers.
“They forced open the school gate and in the process, wounded the gateman,” he said.
Court Dismisses Case Filed by A Secondary School Student Against Her Teachers and Government
