The High Court of the Federal Capital Territory (FCT) has dismissed a N20 billion lawsuit brought by Ejumejowo Anthony, a legal practitioner, against two Abuja-based hospitals and the FCT Minister, alleging negligence leading to his wife’s death.
Justice Edward Okpe, presiding over the case at the Nyanya Division of the FCT High Court, ruled against the plaintiff, citing a lack of merit and substance in the allegations.
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Ejumejowo, who identifies as a human rights activist, had filed the suit (FCT/HC/CV/2866/2021) against NISA Garki Hospital, NISA Premier Hospital, and the FCT Minister, accusing them of gross negligence in the death of his wife, Eloho Ejumejowo, who passed away on October 5, 2019, 21 days after giving birth.
Representing himself and his three children, Ejumejowo sought N20 billion in damages from the defendants, claiming the hospitals’ negligence was responsible for his wife’s death.
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However, after reviewing the evidence, Justice Okpe agreed with the defense, led by Nekabari Annah, counsel for Garki Hospital, that the plaintiffs failed to substantiate their claims adequately.
The court found that Garki Hospital had provided three medical experts who testified about the comprehensive care the deceased received, while the plaintiff’s evidence lacked the necessary medical expertise to support his claims.
Justice Okpe noted that Garki Hospital had documented 23 antenatal visits by the deceased, which culminated in a successful delivery.
The plaintiffs did not present medical experts to challenge this evidence, weakening their case significantly.
Furthermore, the court referenced a report from a 14-member panel of consultants from the Medical and Dental Council of Nigeria (MDCN), which did not establish any prima facie case of negligence against Garki Hospital.
The plaintiffs did not contest this report, undermining their reliability.
The judge also mentioned that the plaintiffs failed to utilize the 28-day window to appeal the MDCN’s findings, which had cleared Garki Hospital of any wrongdoing.
Justice Okpe concluded that the testimony of Dr. Adamu Onu, the Medical Director of Garki Hospital, was credible and demonstrated that the deceased received professional and competent care until her delivery.
Consequently, the court dismissed the case, siding with the defendants.
