Yobe court awards N200 million damages against MTN to victim of electrocution

Yobe court awards N200 million damages against MTN to victim of electrocution

Justice M. Lawu Lawan of the Yobe State High Court has awarded two hundred million naira as compensation to a 12-year-old girl, Hamsatu Abdullahi, electrocuted by a facility owned by the Mobile Telephone Network (MTN).

According to a statement issued by the Registrar of the High Court 2, Mohammed Ibrahim Abdul, “the plaintiff who is an infant sues through her father, Malam Abdullahi Koki that resides in Chumbusko village in Karasuwa Local Government Area of Yobe State.”

“The 1st defendant is a cellular telecommunications company providing telephone and related services throughout the Federal Republic of Nigeria and has its corporate head office situated at Golden Plaza building, Falomo, Lagos State, Nigeria.

“The 2nd defendant is the electricity distribution company responsible for the distribution of energy to Adamawa, Borno and Yobe State of Nigeria with registered headquarters located at 2, Atiku Abubakar road, Jimeta-Yola, Adamawa State.

“The plaintiff revealed that sometime in the year 2007, the first defendant in its service expansions, came to Chumbusko village in Karasuwa Local Government Area of Yobe State to erect a booster station, with a view of providing its services to the people of the area. The 1st defendant chose a place directly in front of the plaintiff’s father’s house as the site of the construction of its booster facility, a move which was strenuously objected to by the plaintiff’s father because of the obvious danger that the facility would pose to him and his family, more so as the facility was likely to be connected to the national grid for the provision of electricity to the site.

“The plaintiff states that sometimes in the month of August, 2012 when she was about four (4) years old, she came out of her father’s house to play and in the process came in contact with the electrical cable (stayed wire) that was attached to the electrical pole which was fixed right in front of their house and as a result of the contact, some bolts of current were sent to her body and was consequently electrocuted instantly. The incident happened on Sallah day between 8:30am to 9:00am.

Delivering the judgment, His lordship, Justice M. Lawan said : “I hold that the plaintiff has dully established by oral and documentary credible and unchallenged evidence against the defendants. I equally hold that the plaintiff is entitled to claims from the defendants jointly as compensation for general damages and permanent disability via the loss of her two hands, right leg, continuous and painful medical treatments, anguish, shock and continuous psychological trauma as well as loss of amenities of life caused by the defendants’ act and omissions.

Therefore, the sum of two hundred million naira (N200,000,000.00) is hereby awarded against the defendants jointly and severally in favour of the plaintiff. The particular of heads of the damages is as follows:

1.Loss of earnings, pains and suffering – N10,000,000.00
2.Loss of capacity for enjoyment of life – N10,000,000.00
3.Shortening of expectation of life – 10,000,000.00
4.Cost of keeping a servant to assist the plaintiff – N10,000,000.00
5.General damages – N150,000,000.00
6.Cost of action – N10,000,000.00″.

The defendants have 90 days to appeal.

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