A former student of Hillcrest School, Jos, has dragged the school authorities before a Jos Federal High Court, demanding N100m as damages over the `deliberate cancellation’’ of his admission.
The minor, who sued the school through his friend and guardian, Mr Steve Gukas, accused Hillcrest School management of breaching his fundamental human rights to education by denying him the opportunity to continue his studies in the school.
The News Agency of Nigeria reported that joined in the suit are the Registered Trustees of Hillcrest School, Jos, and Mrs Anne Lucasse, the Principal, as 1st and 2nd respondents respectively.
When the case came up before Justice Musa Kurya, the Judge, on Thursday, the minor, through his counsel, Mr Silas Onu, in an Originating Motion, prayed the court to declare the management’s action as “contrary, and in violation of the African Charter on the right and welfare of the child.’’
Onu told the court that the minor was rightly admitted into the school, but that on September 10, 2017, the management “blatantly and illegally cancelled his admission because he was said to have an allergy for nuts.
The school had claimed that they could not manage that allergy.
The lawyer argued that the health challenge of the plaintiff was well known to the school management before the admission since it was captured in the medical report obtained from the Jos University Teaching Hospital.
“Because of the physical and mental torture the minor has suffered as a result of the unlawful, illegal, immoral, discriminating and unjustifiable cancellation of his admission, we are demanding the sum of N100m being general and exemplary damages.
“My Lord, we are urging the court to give a mandatory injunction compelling the respondents, jointly or severally, to immediately pay the said amount to my client,’’ he said.
But the counsel to Hillcrest, Prof. Clement Dakas (SAN), objected to the claims of the minor and challenged the jurisdiction of the court to entertain the matter.
Dakas said Hillcrest School was not a federal institution and could not, therefore, be sued in a Federal High Court, arguing that the case should be dismissed since it was lacking in merit.
“My Lord, I want to point out that the application does not fall under the ambit of this court because Hillcrest School is not a federal institution.
“By law, this court lacks the jurisdiction to hear such an application. I hereby urge the court to dismiss it for lack of merit and with cost against the applicant,” Dakas pleaded.
READ ALSO: FCT police arrest suspected car snatchers at Jos hideout
In response to Dakas’ claim, however, Onu argued that the court had the jurisdiction to hear fundamental human right cases, especially when they affected the African Charter and the right and welfare of a child.
Justice Kurya, after listening to the arguments of the two counsels, adjourned the case till Sepember 28 for ruling on the issue of jurisdiction.
The minor, who sued the school through his friend and guardian, Mr Steve Gukas, accused Hillcrest School management of breaching his fundamental human rights to education by denying him the opportunity to continue his studies in the school.
The News Agency of Nigeria reported that joined in the suit are the Registered Trustees of Hillcrest School, Jos, and Mrs Anne Lucasse, the Principal, as 1st and 2nd respondents respectively.
When the case came up before Justice Musa Kurya, the Judge, on Thursday, the minor, through his counsel, Mr Silas Onu, in an Originating Motion, prayed the court to declare the management’s action as “contrary, and in violation of the African Charter on the right and welfare of the child.’’
Onu told the court that the minor was rightly admitted into the school, but that on September 10, 2017, the management “blatantly and illegally cancelled his admission because he was said to have an allergy for nuts.
The school had claimed that they could not manage that allergy.
The lawyer argued that the health challenge of the plaintiff was well known to the school management before the admission since it was captured in the medical report obtained from the Jos University Teaching Hospital.
“Because of the physical and mental torture the minor has suffered as a result of the unlawful, illegal, immoral, discriminating and unjustifiable cancellation of his admission, we are demanding the sum of N100m being general and exemplary damages.
“My Lord, we are urging the court to give a mandatory injunction compelling the respondents, jointly or severally, to immediately pay the said amount to my client,’’ he said.
But the counsel to Hillcrest, Prof. Clement Dakas (SAN), objected to the claims of the minor and challenged the jurisdiction of the court to entertain the matter.
Dakas said Hillcrest School was not a federal institution and could not, therefore, be sued in a Federal High Court, arguing that the case should be dismissed since it was lacking in merit.
“My Lord, I want to point out that the application does not fall under the ambit of this court because Hillcrest School is not a federal institution.
“By law, this court lacks the jurisdiction to hear such an application. I hereby urge the court to dismiss it for lack of merit and with cost against the applicant,” Dakas pleaded.
READ ALSO: FCT police arrest suspected car snatchers at Jos hideout
In response to Dakas’ claim, however, Onu argued that the court had the jurisdiction to hear fundamental human right cases, especially when they affected the African Charter and the right and welfare of a child.
Justice Kurya, after listening to the arguments of the two counsels, adjourned the case till Sepember 28 for ruling on the issue of jurisdiction.
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