On Monday December 14, 2009, a Federal High Court judge sitting in Abeokuta said Faith Academy, Ota, Ogun State and six others cannot be sued for negligence leading to the death of 11-year-old Morenike Arulogun, who died on November 21, 2008 after being diagnosed with cerebral malaria, decreased urine production and acute kidney failure while in the care of the school.
Struck out
Barbara Molokwu, sitting in Court 1, said, though counsel to the plaintiff provided the court with Faith Academy's Form CAC 7 (Particulars of Directors) and its Memorandum and Articles of Association, it did not provide the certificate of incorporation of the defendants, therefore not proving the defendants as legal personalities capable of being sued.
"Since the certificate of incorporation is not before the court, the court upholds the preliminary objection raised by the defendants' counsel to strike out the names of the defendants from the suit as they are not juristic persons before the court," Ms. Molokwu said.
After the judgment, Ogochukwu Mbamalu of Jumbo Chambers, the counsel to Faith Academy and the other defendants joined in the suit, said the court's decision was fair, based on the evidence presented before it.
"The court dealt on facts and not speculation. They couldn't furnish the court with evidence to show the parties they sued are registered by law. The parties they sued are artificial and not natural persons," Mr. Mbamalu said.
On whether the owners of Faith Academy, David Oyedepo, and his wife, Faith Oyedepo, of the Living Faith Church Worldwide (aka Winners Chapel), being natural persons, could be sued, Mr. Mbamalu said his chambers would deal with issues as they arise.
"The case is not over, only that Faith Academy and the others won't be represented when the hearing comes up. If they put their house in order, they are free to appeal if they want. And they can sue anybody they want. We have however proposed settling out of court. But this will depend on the terms," Mr. Mbamalu added.
The obstacle
Explaining why the certificate of incorporation of Faith Academy was unavailable, Oluyinka Oyeniji of Banwo, Adeyemo and Igbokwe Chambers, counsel to Toye Arulogun, said the Corporate Affairs Commission refused to give them a copy, being conservative entities limited by guarantee.
"If a company is one limited by guarantee, Corporate Affairs Commission as a matter of practice does not give certificate of incorporation to any individual other than those behind the formation of the company. And the court in ruling gave consideration to the fact that particulars of the directors were provided rather than the certificate of incorporation," Mr. Oyeniji said.
Attempts to reach the Corporate Affairs Commission public affairs manager, William Churchill, for the position of the commission on companies limited by guarantee were unsuccessful; as telephone calls and text messages went unanswered.
Ms. Molokwu adjourned the hearing of the case till January 25, 2010.


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