A High Court of the Federal Capital Territory, FCT, has dismissed a N20 billion suit instituted by a legal practitioner, Ejumejowo Anthony, against two Abuja-based hospitals and the FCT Minister on the alleged negligence he claimed to have led to his wife’s death.
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Justice Edward Okpe, yesterday, at the Nyayan Division of the FCT High Court threw out the suit for lack of merit and substance.
Ejumejowo who claimed to be a human rights activist had slammed the N20 billion suit marked FCT/HC/CV/2866/2021 against NISA 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.
He sued the three defendants on behalf of himself and his three children, Ejumejowo Eru-Oghene, Ejumejowo David and Ejumejowo Evawere.
Among others, they jointly demanded a N20 billion from the defendants as compensation and damages for the death of Mrs. Ejumejowo due to alleged gross negligence by Garki Hospital, Abuja.
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 sums they claimed.
The Judge held that while Garki Hospital (1st) defendant, called three medical experts who testified and gave vivid account of how the deceased was managed till she delivered her baby, the lawyer gave a layman’s evidence that has no probate value.
Justice Ekpo said that while the hospital established that the deceased visited the hospital 23 times for antenatal care that led to her successful baby delivery, the claimants did not dispute or call medical experts to refute the robust evidence of the hospital.
The Court said that the failure by the claimants to call medical personnel to give evidence to help their case was a costly one adding that they played into the hands of the three defendants.
Justice Ekpo also held that the report of a 14-man panel of consultants set up by the Medical and Dental Council of Nigeria, MDCN, which did not establish a prima facie case against Garki Hospital was not challenged by the claimants thereby making their case to be unreliable.
They held that the 28 days opportunity opened to the claimants to challenge the clean bill of health issued by MDCN to Garki Hospital was also not explored at the Court of Appeal to prove their allegation of negligence.
Justice Ekpo therefore agreed with Garki Hospital’s lawyer that the evidence of Dr Adamu Onu, the Medical Director was cogent and reliable to the effect that the deceased was professionally managed till she delivered her baby and that the hospital has facilities and personnel competent to manage the deceased.
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