Court throws out lawyer’s ₦20bn lawsuit against hospitals over wife’s death
A High Court in the Federal Capital Territory (FCT) has dismissed a ₦20 billion lawsuit filed by a lawyer, Ejumejowo Anthony, against two Abuja-based hospitals and the FCT Minister.
The suit alleged that negligence led to the death of his wife.
Justice Edward Okpe of the FCT High Court, Nyanya Division, dismissed the case on Tuesday, stating it lacked merit and substance.
Ejumejowo, who identifies as a human rights activist, had filed the ₦20 billion suit (FCT/HC/CV/2866/2021) against NISA Garki Hospital, NISA Premier Hospital, and the FCT Minister, listed as the 1st to 3rd defendants. He claimed they were jointly negligent in the death of his wife, Eloho Ejumejowo, who passed away on October 5, 2019, 21 days after childbirth.
The lawyer sued on behalf of himself and his three children, Ejumejowo Eru-Oghene, Ejumejowo David, and Ejumejowo Evawere, demanding ₦20 billion in compensation and damages for what he alleged was “gross negligence” by Garki Hospital, Abuja.
The claimants sought several declarations from the court, including:
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“That the 1st, 2nd and 3rd defendants are vicariously liable for the negligence of the doctors of the 1st defendant.”
An order for the defendants to pay “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 for the defendants to pay “the sum of ₦5,000,000,000.00 (five billion naira) only as special damages.”
An order for the defendants to pay “the sum of ₦5,000,000,000.00 (five billion naira) only as exemplary damages.”
After reviewing the evidence, Justice Okpe sided with Nekabari Annah, the lead counsel for Garki Hospital. The judge concluded that the claimants “failed woefully to discharge the burden of their allegations to be entitled to the huge sums they claimed.”
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Justice Okpe pointed out that Garki Hospital (the 1st defendant) presented three medical experts who gave a “vivid account” of how the deceased was managed, from her 23 antenatal care visits to her successful delivery. The judge noted that the lawyer, in contrast, provided “a layman’s evidence that has no probate value.” The claimants’ failure to call medical experts to refute the hospital’s “robust evidence” was a “costly one,” the court held.
The judge also noted that the claimants had not challenged the report from a 14-man panel of consultants from the Medical and Dental Council of Nigeria (MDCN), which found no prima facie case against Garki Hospital. Justice Okpe stated that the claimants’ failure to appeal this finding within the 28-day window made their case “unreliable.”
Agreeing with the hospital’s lawyer, the judge accepted the evidence of Dr. Adamu Onu, the Medical Director, as “cogent and reliable” that the deceased was “professionally managed” and that the hospital had the necessary facilities and competent staff.
In his ruling, the judge stated that the lawyer’s allegations of negligence were intended to “harass and intimidate the hospital,” which he said acted in line with best medical practices.
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The judge also dismissed the claim that the deceased was induced to deliver vaginally instead of via a C-section, adding that the evidence presented was based on “mere sentiments that have no place in law.”
The suit was dismissed in its entirety. Nisa Premier Hospital and the FCT Minister were also discharged, as the court found they were “wrongly joined as parties.”
Justice Okpe also dismissed a counterclaim by Garki Hospital seeking ₦250 million for defamation, which was based on alleged false media reports instigated by the claimants. The judge ruled that the defamation was not “properly established as required by law.”
Anthony Ejumejowo had filed the civil action for negligence after his wife, Mrs. Ejumejowo, died on October 5, 2019, at the Federal Medical Centre, Jabi, Abuja. The husband attributed her death to “gross negligence” by doctors and management at Garki Hospital.
The matter had previously been reviewed by an MDCN panel, whose outcome prompted Ejumejowo to file the lawsuit.
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