The management of Dowen College and some staff members were said to be liable for prosecution in the first legal advice issued by the Lagos State Director, Directorate of Public Prosecutions (DPP), SaharaReporters has gathered.
The workers were linked to the death of a student of the school, Master Sylvester Oromoni.
Sylvester died on November 30, 2021, following ill health said to have been caused by bullying carried out under the nose of the school authorities and their staff members.
The 12-year-old’s father had insisted that his child was beaten and fed with a liquid substance that eventually claimed his life.
But Dowen College dismissed the accusation, alleging that the boy sustained injuries while playing football with his colleagues.
Hakeem Odumosu, then Lagos Police Commissioner, ordered a probe into the case while the school was sealed.
The Director, DPP, Ms Adetutu Oshinusi, in her first report which was called interim legal advice, recommended that the school management and staff should be prosecuted for alleged negligence.
According to the report addressed to the Deputy Commissioner of Police, Lagos, students of the school made a series of reports to their teachers and house parents about bullying and intimidation by others, but such were disregarded by the people “whose duty was to protect the children under their care”.
The report noted that no punitive measures were imposed beyond the suspension of known bullies in the school, adding that the school lacked an “adequate policy for addressing issues of bullying, stalking and unacceptable behaviours by the seniors against the junior or younger students”.
So according to the report dated December 30, 2021, there were sufficient facts to establish “this offence against Pages A23- Miss Celina Uduak, B7- Valentine Igboekweze, Page B8 – Hammed Bariyu, Page B9- Adesanya Olusesan Olusegun, Mr Adeyemi and Dowen College Lagos.”
It further read, “However, there are facts to establish the offence of Negligence Act Causing Harm under Section 252 of the Criminal Law Ch. C17, Vol 3, Laws of Lagos State 2015 against Pages A23- Miss Celina Uduak, B7- Valentine Igboekweze, Page B8 – Hammed Bariyu, Page B9- Adesanya Olusesan Olusegun, Mr Adeyemi and Dowen College Lagos.
“Section 252 of the Criminal Law Ch. C17, Vol3 Laws of Lagos State 2015 provides for the offence of Negligent Act Causing Harm, specifically, the Section of the Law states as follow. Subject to the provisions Section 250, any person who unlawfully does any act, or units to do any act which it is his duty to do, which act or omission causes harm to any person commits a misdemeanour and is liable on conviction to imprisonment for two (2) years.
“The prosecution must establish that. A) The suspects do or omitted to do any act. B) That it is the duty of the suspect to do the act. C) That the act of doing or omitting to do act caused an harm to a person.
“There are sufficient facts to establish this offence against Pages A23- Miss Celina Uduak, B7- Valentine Igboekweze, Page B8 – Hammed Bariyu, Page B9- Adesanya Olusesan Olusegun, Mr Adeyemi and Dowen College Lagos.
“There are facts that the students made series of reports of acts of bullying and intimidation against them to the teachers and the house parents whose duties were to protect the children under the care. Facts further reveal that most of the statement and reports were not seriously attended to but disregarded by the house parents.
“No punitive measures were imposed beyond suspension of known bullies in the school. The school does not have an adequate policy for addressing issues of bullying, stalking and unacceptable behaviours by the seniors against the junior or younger students.
“The office intends to prosecute Pages A23- Miss Celina Uduak, B7- Valentine Igboekweze, Page B8 – Hammed Bariyu, Page B9- Adesanya Olusesan Olusegun, Mr Adeyemi and Dowen College Lagos for the offence of Negliegnt Act CAUSING Harm under to Section 252 of the Criminal Law Ch. C17, Vol. 3, Laws of Lagos State 2015.”
However, in the second report written to the Deputy Commissioner of Police by the DPP Director, she went a full 360 degrees and exonerated the Dowen College workers, saying there was no basis to prosecute them.
She basically indicted them and in the same breath exonerated them.
In a second report dated January 4, 2022, the DPP exonerated the suspects, saying, “In the light of the foregoing and based on available evidence in the duplicate casefile, there is no prima facie case established and this Office cannot prosecute the suspects Page B1 – Kenneth Inyang, Page B2-Ansel Oritsebemigho Temile, Page B3- Edward Begue, Page B4-Micheal Kashamu and Page B5-Benjamin Favour Ikechukwu for the offence of Murder, Involuntary Manslaughter and or Malicious Administering of Poison with intent to Harm contrary to sections 223, 224 and 243 of the Criminal Law of Lagos State 2015 respectively. The suspects should be released if still in custody.
“In the same vein, this Office has insufficient evidence based on available facts in the duplicate casefile to prosecute the suspects Page A23-Miss Celina Uduak, B7- Valentine Igboekweze, Page B8-Hammed Ayomo Bariyu, Page B9 – Adesanya Olusesan Olusegun, Mr Adeyemi and Dowen College Lagos for the offence og Negligent Act Causing Harm contrary to section 252 of the Criminal Law Ch. C17, Vol3, Laws of Lagos State 2015. The suspects should be released if still in custody.”
