Human rights lawyer, Femi Falana, has faulted the recent ruling by Coroner Inquest sitting in Ogba Magistrate Court examining the death of a 12-year-old student of Dowen College, Lekki, Sylvester Junior Oromoni.
Falana said the Coroner disregarded further toxicological examination and withdrew initial recommendations for criminal negligence charges, despite glaring evidence and allegations of bullying within the school, including the discovery of a mysterious substance in Sylvester’s stomach.
Earlier, the Coroner Magistrate, Mikhail Kadiri, said Oromoni died as a result of failed treatment for his enlarged liver due to his parents and doctor’s negligence.
Kadiri said, “Based on the foregoing it is clear that the deceased health deteriorated in (doctor) PW 3’s care.
“PW 3, did not take proper care of the deceased, PW 3, completely abandoned the deceased for a period of more than 32 hours.
“The deceased’s death was an avoidable one but for the negligence of the parents and PW 3, they didn’t take him to the hospital until the day he died on November 30, 2021.
“The deceased went through an avoidable and excruciating pain and made to suffer needlessly,” Kadiri said.
Reacting to the judgement in a statement on Monday, Falana said the coroner ignored the evidence of the government pathologist that the “black substance” found in the stomach of the deceased was not subjected to toxicological examination.
“It is curious that the coroner ignored the evidence of the government pathologist that the “black substance” found in the stomach of the deceased was not subjected to toxicological examination. The allegation was that the deceased was forced to drink a poisonous substance.
“The Acting Director of Public Prosecution of Lagos State at the material time had recommended that some staff and students be prosecuted for criminal negligence over the bullying of students in the school.
Four days later, the Acting DPP turned around to say that there was no case to answer without any fresh evidence from the police investigators. The coroner ruled that the acting DPP has the power to withdraw her recommendations at any time!
“The doctors who testified stated that the deceased died of sepsis and that the sepsis could have been caused by excessive massaging of the leg of the deceased. The coroner conveniently overlooked the fact that the school doctor and the nurses massaged the leg of the deceased for two days before inviting his parents to take him home.
“In an attempt to exonerate Dowen College, the coroner was silent on the overwhelming evidence of the bullying of the deceased, his sister, and other students by the same set of students. In particular, the coroner discountenanced the evidence of a student who had testified that he saw the deceased beaten up and subjected to torture by a group of senior students.
“In spite of such uncontradicted evidence, the coroner said that the deceased died of natural cause. The coroner claimed that the negligence of the family doctor led to the death of the deceased but failed to refer him to the Medical and Dental Council of Nigeria for appropriate sanctions,” said Falana.