A 9-year-old girl loses her lawsuit against the Ekiti government after the court dismisses her case.

The Ado Ekiti High Court dismissed a suit filed by a 9-year-old Mary Immaculate Secondary School student against the Ekiti Government, seeking N15 million in damages for violation of fundamental rights.

A 9-year-old girl loses her lawsuit against the Ekiti government after the court dismisses her case.

Gift Agenoisa, a Junior Secondary School 1 student, claimed in a suit number HAD/01/CR/2021 filed at the Ado-Ekiti High Court on her behalf by her mother Odunayo Agenoisa that the government’s suspension from school violated her rights.

The plaintiff described the alleged treatment meted out to her for wearing an allegedly indecent hairstyle to school as cruel and inhuman.

The School Principal, Oluwasanmi F.M (1st respondent), the Commissioner for Education, Olabimpe Aderiye (2nd), the Ekiti State Teaching Service Commission (3rd), and the Ekiti State Government are all named as defendants in the suit (4th respondent).

The plaintiff claimed in the affidavit attached to the originating summons that she was singled out of Assembly on May 22 and given 20 lashes on the order of the school principal for the alleged indecent hairstyle.

The applicant sought N15 million in damages for her suspension in her originating summons, which was deposed to by her counsel, Timmy Omotoso, and brought pursuant to Order 2 rules 1,3,4,5, and 6 of the fundamental rights enforcement procedure rules 2009, as preserved by Section 315 of the 1999 constitution.

She also demanded her immediate reinstatement to school, as well as unrestricted access to all services provided there.

The plaintiff claimed that the beating she received that day left her with bruises, life-threatening scars, and bloodstains on her uniform, and that she fainted and was rushed to the Ado-Ekiti police clinic, where she was resuscitated.

She also claimed that her letters of protest to the wife of Ekiti Governor and some relevant government agencies went unanswered, prompting her to take legal action to seek redress.

The plaintiff also stated that she has been denied access to the school grounds and her class on the principal’s orders since then.

However, in her decision on Wednesday, Justice Lekan Ogunmoye stated that the applicant did not present the court with credible and sufficient evidence to persuade it to grant her prayers.

“It is also trite that applications for the enforcement of fundamental rights are granted once the applicants’ rights are demonstrated to have been violated or threatened.”

“This was not done in this particular case.

“The claimants’ sole issue for determination is hereby resolved, and the reliefs sought are hereby dismissed.”

Previously, S.B.J. Bamise, counsel for the respondents, described all averments in the Originating Summons as not only untrue but total falsehood in his counter-affidavit.

According to one of the respondents, Mrs Funmilayo Oluwasanmi, the girl went to school on May 19 with a strange, indecent, and unapproved hairdo, and in an attempt to correct and scold her, she shouted at her teacher that the hair was made for her birthday by her mother.

Oluwasanmi stated that as a result of her disruptive behaviour, she was punished with two strokes of the cane and warned not to come to school with such a hairstyle again.

Also Read: F.G has ordered that civil servants on Level 12 and below resume

Add Comment