The counsel to Toye Arulogun, who sued Faith Academy, Ota in Ogun State, over the alleged negligence leading to the death of his 11-year-old daughter, Morenike Arulogun, says, despite pleas to discontinue the lawsuit, a Federal High Court Judge in Abeokuta will on December 14, 2009, still rule on the legal status of the school.
Oluyinka Oyeniji of Banwo, Adeyemo and Igbokwe Chambers, representing Mr. Arulogun, said the presiding president of the Living Faith Church World (Winners Chapel) and owner of Faith Academy, David Oyedepo, has, in the last two weeks, met his client, seeking for an out of court settlement.
“Overtures have been made from the defendants to us to reach a concrete agreement and settle this matter out of court. But on Monday (December 14, 2009) the judge will still have to deliver her ruling because we can’t obviously file terms of settlement before the case comes up,” said Mr. Oyeniji.
Mr. Oyeniji however said for any settlement to happen, a letter of apology would have to be published in some national dailies and Faith Academy would have to establish a health code to forestall what happened to late Miss Arulogun.
“Amongst our demands, the school must adopt a health code seeking basic qualitative administration of their health system, better dispensation of drugs, improve on their facilities and ensure they have capable personnel. They could name it the Morenike Code at least in her memory. All these will be in the terms of settlement and filed in the court which will pronounce it as judgement of court.” Mr. Oyeniji added.
It took one year to get their attention
After Morenike, a JSS1 student in Faith Academy, died on November 21, 2008, after being diagnosed with cerebral malaria, decreased urine production and acute kidney failure while in the school, Mr. Arulogun sought audience with the school owners to discuss improving the school’s health system.
After four months of fruitless attempts, Mr. Arulogun, a member of the church for 11 years, in a letter dated March 7, 2009, wrote to Mr Oyedepo, asking for reforms in the school. He got no response. He then sued the school in August 2009 for medical negligence and breach of fiduciary duty. It wasn’t until the evening of Monday Novemcer 23, 2009 that Mr. Oyedepo reached out to him.
“Bishop (Oyedepo) called that evening and we had a meeting on Tuesday November 24. He said he only knew of the court case the week before, and was only just read it on Sunday November 22, my letter of March 7. He tendered his apology on behalf of the school and the church. I don’t have any reason to doubt his sincerity and that is why I’ll accept his apology,” Mr. Arulogun said.
Mr. Oyedepo, while complaining about how the press has dented the image of the school, the church and himself, asked that the court case be withdrawn. In response, Mr. Arulogun told him the case was not about him but about fighting negligence in schools.
It’s now a movement
“The case has gone beyond me. I told Bishop Oyedepo it is not about issues with the school because nothing can bring my daughter back. I made it clear that even if the case stopped, the Movement Against Negligence In Boarding Schools (MANIBS) cannot stop,” Mr. Arulogun said.
Mr. Arulogun, who was accompanied by his wife, Idorenyin Arulogun, said they told the bishop that they would present his plea to the over 1200 MANIBS members, including his lawyers, who had supported his family since the demise of his daughter.
NEXT gathered that Dele Adesina, a Senior Advocate of Nigeria (SAN) and former secretary general of the Nigerian Bar Association, who met Mr. Arulogun on Dec. 9, on the orders of Mr. Oyedepo, has taken over the court case from Ogochukwu Mbamalu of Jumbo Chambers, who had been the counsel to Faith academy and eight other defendants joined in the suit.
When contacted, Mr. Mbamalu acknowledged Mr. Adesina as part of the legal team but said his chambers was still handling the case. “I am still handling the case. You can come to court on the 14th and see for yourself. Yes, there’s a move for settling out of court. It was the plaintiff’s choice and privilege to meet the bishop and they discussed as a family,” he said.
But for Mr. Oyeniji, his instructions are clear, only if pre-conditions are met will there be any settlement.
“Before the senior advocate can validly be said to have come into this matter, there must be a change of counsel. And until then, Mr. Mbamalu is still the counsel in court. But whoever is initiating settlement on behalf of the defendants must meet my client’s conditions. That’s just it,” Mr Oyeniji said.
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