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Wednesday, September 14, 2011
A 10-year-old primary four pupil of Okhoro Primary School, Okhoro, Benin, Edo State (names withheld) has instituted a N500 million suit against her teacher, Mrs. Mercy Iyobosa, before a Federal High Court, Benin, for allegedly beating her with a broom, which caused blindness in her left eye, over failure of a Mathematics test.
Joined as defendants in the suit are Edo State Universal Basic Education Commission, SUBEB; Universal Basic Education Commission, UBEB, Edo State Government, and Egor Local Government Education Board.www.mannastores.com
The pupil is praying 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 amoun-ted to physical, emotional abuse, maltreatment, punishment, cruelty, torture, inhuman and degrading treatment.
She is further contending that the action of her class teacher has grossly violated her fundamental right to respect for the dignity of her person as guaranteed by Section 34 of the 1999 Constitution as amended, Article 5 of the African Charter on Human and Peoples’ Rights, among others.
She also wants the court to hold that the blinding of her left eye by her teacher, after the beating, while acting as an agent/servant of the other defendants, amounted to physical, emotional abuse, maltreat-ment, punishment, cruelty, torture, inhuman and degrading treatment and consequently a violation of her fundamental human rights as enshrined in the Nigerian Constitution, African Charter on Human and Peoples’ Rights, ACT, and Section 11 of the Child’s Rights Act, 2003.
She is claming N100 million jointly and severally against the defendants as general and exemplary damages/compensation for the excruciating pains, suffering, slander, humilia-tion, inhuman and degrading treatment and discomfort she suffered.
She is also demanding an additional N400 million jointly and severally against the defendants as general and or exemplary damages/compensation for unlawful and unconstitutional blin-ding and eternal loss of her left eye, future pains, inconveniences and suffering.
The pupil wants the court to award another N175,000 jointly and severally against the defendants as special damages for the medical and other expenses that she has incurred.
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