Justice Oyeyemi Ajayi of an Oyo State High Court, sitting at Ring Road, Ibadan, has dismissed the lawsuit filed by the family of the late federal lawmaker, Temitope Olatoye (popularly known as “Sugar”), against the University College Hospital, UCH, Ibadan.
The family had sought damages over the unauthorised taking and social media circulation of photographs showing Olatoye’s lifeless body.
Delivering his judgment, Justice Ajayi ruled that, “I am of the considered view that the objection is misconceived and consequently struck out.
“In the final analysis, I resolve the two issues against the claimants and consequently dismiss this case for lack of merit.”
The court made no order as to legal costs.
The late Temitope Olatoye, who represented the Akinyele/Lagelu Federal Constituency in the House of Representatives from 2015 to 2019, was shot by gunmen on March 9, 2019, while returning from his village where he had gone to cast his vote.
The suit (No: I/659/2019) was instituted by the deceased’s brothers, Olajide Olatoye and Oladotun Olatoye, alongside his wife, Mrs Olubunmi Olatoye, acting for themselves and on behalf of the deceased.
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The claimants’ counsel, Mr. Sunday Ikeh, had challenged the UCH Board of Management, asserting that allowing the graphic images of the lawmaker to be taken and distributed on the internet without family consent constituted gross negligence and a severe breach of patient confidentiality.
The family had demanded general and aggravated damages of N400million for the distress caused by the viral online pictures.
The defense counsel, Mr. Adebayo Adegbite, denied liability on behalf of the teaching hospital.
Adegbite maintained that the photographs in question were neither captured by UCH staff members nor taken within the physical confines of the hospital premises.
NAN
