By Ayodele Oni
Ondo State High Court sitting in Akure, has ordered payment of ₦25 million in damages to the mother of a missing three months old baby at a juvenile home.
Defendants in the case were the Ondo State Government and the Ministry of Women Affairs and Social Development.
The claimant, Mrs. Opeyemi Adegboyega, had approached the court in 2023 seeking redress over the alleged disappearance of her son, Omoniyi Oluwaseun, who was reportedly taken into custody by the state’s Juvenile Home in 2017, while she underwent medical treatment for mental health challenges.
Delivering judgment, Justice Akintan Osadebay held that the circumstances surrounding the child’s alleged death and disappearance were “unsubstantiated, unbelievable and untenable,” citing serious gaps in evidence presented by the defendants.
The court noted that there was no credible documentation showing the child suffered any injury or was properly accounted for while in state custody.
It further faulted the absence of proper medical, mortuary, or investigative records, describing the explanations offered by the government as insufficient.
Justice Osadebay also questioned inconsistencies in the claim that the child died in November 2017, pointing out that the absence of burial records and proper notification to the parents, stating that the explanations raised “more questions than answers.
The court held that the state owed the child a clear duty of care, which was breached through negligence and lack of proper supervision, describing the conduct of the responsible agencies as “nonchalant and uncaring.”
Consequently, the court granted several reliefs in favour of the claimant, including a declaration that the disappearance of the child was caused by negligence on the part of the defendants.
It ordered the defendants to pay ₦10 million as exemplary and aggravated damages, ₦15 million as general damages for emotional and psychological trauma, and ₦200,000 as cost of action, with an additional 10 percent interest per annum until full payment is made.
Counsel to the claimant, Oju Kekemeke, described the judgment as courageous and humane, saying it not only delivered justice to the affected family, but also reinforced accountability and the sanctity of life.
He further called on security agencies to make public findings of their investigations into the child’s whereabouts.
“The whereabouts of the child remain unresolved, as the court noted that the circumstances surrounding his disappearance ‘remain a mystery,’ leaving lingering questions over what truly happened while he was in state custody.”
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