Master Destiny Kalu & Mr. Inyima Kalu v. Mrs. Uche Obi Owen & Miss Uduak Sam, Suit No. LD/330/2013, per Idowu J:

 “Caning a child for non-payment of fees is not only wrongful but illegal. It is trite and universally accepted that caning a child does not have positive effect. Flogging is an abuse of a child and domestic violence against a child. It should be discouraged completely as it is contrary to all known best practices and unacceptable…”

Notes:

The above case was a case involving the proprietress of Cedom International Nursery and Primary School, Olodi-Apapa, Lagos, Mrs Uche Obi Owen, and a teacher in the School, Miss Uduak Sam who were sued at the High Court of Lagos State by Mr. Iyinma Kalu and his son, Master Destiny Kalu, a 4-year-old pupil of the School, claiming damages for the permanent injury (blindness) sustained after he was flogged for not paying school fees.

The undisputed evidence before the Court was that the Proprietress of the School had on one occasion, after the usual assembly, called out pupils including Destiny who were yet to pay their fees and flogged them. The Proprietress later instructed the class teacher to flog the pupils again. It was this subsequent flogging that led to the damage and eventual blindness of Master Destiny’s right eye. All efforts to save the eye proved abortive. At the trial of the suit, Master Destiny and his dad testified along with other medical personnel called as witnesses, tendering some documents as well.

Interestingly, the Claimants’ witnesses were cross-examined by both Counsel to the 1st and 2nd Defendants. However, the Defendants never opened their defence. It was on record though that there were moves to have the matter resolved amicably. This was unsuccessful after series of adjournments that made the matter linger. The case of the Defendants was closed after they failed to open same in spite of several opportunities.

The Honourable Court, per Idowu J., in a well considered Judgment delivered on 27 March, 2019, found Mrs. Uche Obi Owen and the class teacher, Miss Uduak Sam, liable for negligent conduct and awarded damages in the sum of N25 Million in favour of the Claimants, including additional N2 Million awarded as special damages. In effect, the Proprietress of the School was found vicariously liable for the conduct of the class teacher, her employee. The Court was of the view that the Proprietress cannot deny liability as the child was kept under her care when he was registered as a pupil in the School. Worse still, the caning was done on her instruction.

Notwithstanding that the Claimants proved their case, the Court was highly sympathetic on the cause of the pupil. Idowu J. said:

“The child still has a long way to go in life. Losing the use of his right eye at age of 4 years is a major impediment. The boy, from his school examination result sheet, is a bright pupil with a lot of prospects. Finding himself visually impaired partially could cause damage to his self-esteem and psyche of the diva.”

Regrettably, the Court found that the Defendants never showed signs of remorse for the damage done to the pupil. Idowu J. explained:

“The Court had the opportunity to watch the demeanour of the Defendants. None of them showed any remorse for the injury done to the child. The 1st Defendant did not show sympathy. She reluctantly put up appearance in Court. The action of the 2nd Defendant, on the other hand, was not professional in any way.”

This is a serious call on all school proprietors and teachers to exercise extreme care in their dealings. Admittedly, running a school is by every definition, a business. Thus, payment of school fees go a long way in ensuring that the school remains a going concern and that necessary bills and expenses are met towards administering and rendering excellent service. However, there are many ways to address the issue of non-payment of school fees by the parents and guardians of pupils and students other than by wrongful and illegal means. At all times, the relationship between a school and the pupils/students is purely contractual and the law has made adequate provisions for remedies for any breach of contract.

It is highly ironic that a pupil or student would suffer body injuries because of his or her inability to pay school fees at any given time. This is especially in view of the fact that it is well known that it is not the pupils themselves that provide the necessary funding. Their parents or guardians do. Idowu J., rhetorically remarked:

“How a four (4) year old is to be punished for non-payment of school fees beats me. Is he the one to pay the fees?”

Therefore, any school proprietor and/or class teacher like the Defendants in this case, who mastermind the caning and/or inflicting of body injury on any pupil must be made to face the law squarely. Same goes even for public schools.

Towards the end of the Judgment, her Ladyship, Idowu J., called upon the Lagos State Ministry of Education to rise up to the occasion when she said:

“Lagos State Ministry of Education must be alive to their duty and responsibilities. The requirements on how schools are established must be strict. Was the school properly registered by the necessary board? The same directive was given by this Court during the pendency of this matter but no report was filed by the Education Ministry. This Court, in the interest of justice and in the overriding interest of juvenile and young children, hereby orders the Lagos State Ministry of Education (i.e., the Order is directed to the Commissioner for Education) to find out the status of the said school, i.e., Cedom International Nursery and Primary School, Olodi-Apapa, Lagos. If the status does not comply with the Board Regulation, the Ministry should take necessary action.”