The last holiday Toye Arulogun had with his 'first' lady. Photo: THE ARULOGUNS

Faith Academy ruling worries father

By Peter Nkanga

December 27, 2009 10:36AM

The father of an 11-year-old girl, Morenike Arulogun, who died on Nov 21, 2008, has said that last week's ruling by a Federal High Court in Abeokuta that Faith Academy, Ota, Ogun State cannot be sued for negligence leading to her death, should worry every parent.

Toye Arulogun, whose daughter while in JSS1 was diagnosed with cerebral malaria, decreased urine production and acute kidney failure, said Justice Barbara Molokwu's decision to strike out the names of Faith Academy and six other defendants from the suit, raises the question of when a school can be sued.

"The law is the law. I can't go against what the court says. But for me it's like a car parked at owner's risk because then all the students in the boarding school are at risk because you can't sue the school. Maybe some people feel that because it is not happening to me that it is none of their business. But life is not like that," Mr Arulogun said.

This development further leaves him uncomfortable with the Parents-Teachers Association (PTA) of Faith Academy, which he said has shown him no support, when his fight is actually their fight, considering their children, not his, are still in the school.

The other option

Mr. Arulogun however said the court's ruling is not a setback but an "eye opener" which further validates the Movement Against Negligence In Boarding Schools, which since its launch on November 21,now has over 1200 members.

"I'll respect the judgement but it further validates the our cause because it's not a deterrent for what we have to achieve. I am not doing it for my daughter but for others. So it's not about winning the court case but creating awareness which I believe I am doing," Mr Arulogun added.

Speaking further, Mr Arulogun said "the movement is here to stay" because it is now giving people who have being hurting and living in silence for years a voice to speak out.

He said his court case has sparked major discourse amongst lawyers, school principals and the public.

"We run a system and Faith Academy is within a larger Nigerian society and that is why the MANIBS cause will remain. It has gone beyond one school. When we challenge institutions and sue schools and get people who are liable to face justice, they will take things seriously. And if someone is hiding behind a masquerade, we can unveil the masquerade," Mr Arulogun said.

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Reader Comments (6)

Posted by Concerned Citizen on Dec 21 2009

I would advise the bereaved father to appeal. Faith Academy is an institution owned by one of the largest Christian organizations in Africa. An organization whose leader trots the globe in a private jet worth tens of millions of dollars. Winners under the leadership of David Oyedepo have influuence with State governors (alameiseighya has even been a guest lecturer at the university), former Presidents and World leaders. These men routinely call upon him for advise. He may have a few judges in his congregation, and it would be difficult to get a judgement against Faith academy under these circumstances.

Posted by Abiola on Dec 21 2009

even though i am not privy to the evidence tendered in court by the father but the fact that the girl was in the boarding school when she died does not make the school liable. unless he can prove that acute kidney failure and cerebral malaria was contacted in the school premises because of the condition of the school environment. i disagree strongly with the previous comment that the proprietor will subvert justice because of his position and networks. what if the girl had died in her father's house, would he have sued himself. it is unfortunate that the girl died while in school but malaria is an african disease and you don't even need to stay in boarding school to be beaten by mosquitoes. except the school doesn't have a mosquito net then the father has a case

Posted by TATA on Dec 22 2009

please pursue the case, the judgment did NOT say you cannot sue the school, but that you had to produce documents showing that the school or entity was a juristic person, the cac did not release that document, thus you go back and sue the cac and appeal your case...time is on your side and the school would bleed more with the bad publicity..DO NOT GIVE UP...

Posted by Adebowale M. on Dec 22 2009

My heart goes out to the family of the deceased girl. I feel if it can be established that the school had failed to offer prompt medical assistance to the girl,then the father might have a case. Children in boarding house institutions rely on the school for their safety and security. Malaria does not progress to a celeberal level for at least days. Someone, in the school should have caught it and have the child in a hospital in good time. To assume that because" malaria is an african disease" according to Abiola , the father has no case against the school,is logically absurd. To prove that the school has been negligent, the father has to show how the school has failed to act, or had acted in a way to cause the death of the child. Medical experts have to called to the stand to prove that the action or in-action or the school could have saved or caused the girl's life. but given the level of Nigeria's justice system, i wont be surprised that this is wishful thinking.

Posted by Nazz on Dec 22 2009

In law, he who asserts in civil claims must prove his case-albeit on the balance of probabilities. The issue arising from the case (negligence) is whether Faith academy owed a duty of care to the deceased? And whether there was a breach of that duty owed? Does the breach lead to damage? The claimant must prove his case by adducing evidence in satisfaction of these three principles. While I sympathise with the deceased parents he must prove his case accordingly. It is not enough to assert that his daughter suffered from malaria whilst at Faith A. he must prove that the school owed his daughter a duty and that failure or omission of that duty led to her demise. For sure it would be damning if the court would hold that a public institution does not owe a duty of care to their students. Public policy considerations may also be called in issue here.

Posted by m.j on Dec 22 2009

i think that the deaceased father has a rihgt to take the school to court . since the school already has a lot of money why should they not be taken to court . on my opinion the shcool should be held liable for whatever happened.