An Oyo State High Court sitting at Ring Road, Ibadan, has dismissed a suit filed by the family of late federal lawmaker, Honourable Temitope Olatoye, popularly known as “Sugar,” against the University College Hospital (UCH), Ibadan, over the unauthorised photographs of his corpse circulated on social media.
Justice Oyeyemi Ajayi delivered the judgment on Thursday, holding that the claimants failed to establish their case against the teaching hospital.
The court also struck out an objection it described as misconceived before resolving the two issues raised in the case against the claimants.
Justice Ajayi said:
“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.
Family Sought N400 Million in Damages
The suit was instituted by Olatoye’s brothers, Olajide Olatoye and Oladotun Olatoye, alongside his wife, Mrs Olubunmi Olatoye, acting for themselves and on behalf of the deceased.
Through their counsel, Mr Sunday Ikeh, the family alleged that the unauthorised taking and circulation of graphic photographs showing the late lawmaker’s lifeless body amounted to gross negligence and a serious breach of patient confidentiality.
The claimants had sought N400 million in general and aggravated damages, citing the emotional distress allegedly caused by the circulation of the photographs on the internet.
UCH Denied Responsibility
In its defence, the University College Hospital, through its counsel, Mr Adebayo Adegbite, denied liability for the leaked photographs.
Adegbite argued that the photographs were neither taken by members of the hospital’s staff nor captured within the physical premises of UCH.
The defence therefore maintained that the hospital should not be held responsible for the circulation of the images.
Who Was Temitope Olatoye?
Temitope Olatoye, popularly known as Sugar, represented the Akinyele/Lagelu Federal Constituency in the House of Representatives between 2015 and 2019.
He was shot by gunmen on March 9, 2019, while returning from his village, where he had gone to cast his vote during the governorship election.
The former lawmaker later died from injuries sustained in the attack.
The latest judgment brings the legal dispute between Olatoye’s family and UCH over the circulation of the photographs to a close at the trial court, with the court finding that the claimants had not proved their case against the hospital.