Court strikes out lawyer’s N20bn lawsuit against hospitals, FCT Minister over wife’s death
A Federal Capital Territory High Court has dismissed a suit instituted by a legal practitioner against two hospitals in Abuja and the FCT Minister over alleged negligence which he claimed led to his wife’s death.
Ejumejowo Anthony had slammed the suit marked FCT/HC/CV/2866/2021 against Garki Hospital, NISA Premier Hospital and the FCT Minister as 1st to 3rd defendants, accusing them jointly of negligence in the ways and manners his wife, Eloho Ejumejowo died on October 5, 2019, 21 days after childbirth.
Justice Edward Okpe on Tuesday at the Nyayan Division of the FCT High Court, threw out the suit which sought N20 billion damages, saying it lacked merit and substance.
Anthony sued the three defendants on behalf of himself and his three children, Ejumejowo Eru-Oghene, Ejumejowo David and Ejumejowo Evawere.
They prayed the court for declarations as follows: “That the 1st, 2nd and 3rd defendants are vicariously liable for the negligence of the doctors of the 1st defendant, an order directing the 1st, 2nd and 3rd defendants to pay to them the sum of ten billion naira only as general damages for the emotional trauma caused by the death of Mrs. Elohor Esther Ejumejowo occasioned by the negligent conduct of the doctors of the 1st defendant.
“An order of court directing the 1st, 2nd and 3rd defendants to pay to the claimants the sum of N5,000,000,000.00 (five billion naira) only as special damages for the emotional trauma caused by the death of Mrs. Elohor Esther Ejumejowo occasioned by the negligent conduct of the doctors of the 1st defendant.
“An order of court directing the 1st, 2nd and 3rd defendants to pay to the claimants the sum of N5,000,000,000.00 (five billion naira) only as exemplary damages for the emotional trauma caused by the death of Mrs. Elohor Esther Ejumejowo occasioned by the negligent conduct of the doctors of the 1st defendant.”
However, after reviewing evidence of the claimants and the defendants, Justice Okpe agreed with Nekabari Annah, lead counsel to Garki Hospital, that the claimants failed woefully to discharge the burden of their allegations to be entitled to the huge sums they claimed.
Mrs Ejumejowo died in October 5, 2019, at the Federal Medical Centre, Jabi, Abuja, due to what the husband described as “gross negligence” on the part of doctors and management of Garki Hospital.
The issue was earlier entertained by a panel set up by the Medical and Dental Council of Nigeria, MDCN, sometimes in September this year in Abuja.
The outcome of the panel did not go down well with Ejumejowo, which made him to institute a legal action against the hospital asking for N20 billion (Twenty Billion Naira) compensation.
