The Call for Coroners Inquests and Compensation for Stampede Victims
Recent events in Nigeria have highlighted a troubling trend of tragic stampedes resulting from public gatherings and charity events. This December alone, at least 45 Nigerians lost their lives, and hundreds more were injured and hospitalised due to these incidents.
The loss of life and the ensuing grief have brought to light the urgent need for legal mechanisms to ensure accountability and compensation for the victims’ families.
Tragic Incidents Like this and Their Implications
On December 18, a holiday funfair in Ibadan took a devastating turn when a stampede claimed the lives of 35 children. The event, held at Islamic High School, Bashorun, became chaotic as attendees attempted to exit the overcrowded venue. The lack of adequate crowd control measures and safety protocols likely contributed to this tragedy.
Just a few days later, on December 21, two separate charity events ended in disaster. In Abuja, a food aid distribution event at Holy Trinity Catholic Church in Maitama resulted in the deaths of 10 people, including four children. Over 1,000 people had gathered for the event, and the ensuing scramble for food led to a deadly stampede. Similarly, in Okija, Anambra State, another charity event turned fatal, claiming over three lives.
Now, Let’s quickly Underscore the Role of Coroners Inquests:
In light of these tragic events, it is imperative to call on the Chief Coroners in Oyo, Anambra, and the Federal Capital Territory (FCT) to conduct thorough inquests into the causes of these stampedes.
Coroners inquests serve a crucial role in determining the circumstances and causes of sudden, unexplained, or violent deaths. These investigations can provide clarity on whether negligence or inadequate safety measures contributed to the fatalities.
Coroners inquests are particularly vital in cases involving public events, where the organizers and local authorities may bear responsibility for ensuring attendees’ safety. By conducting these inquests, we can identify any lapses in safety protocols and hold the responsible parties accountable.
Legal Principles and Compensation for Bereaved Families:
The principle of law surrounding compensation for victims of avoidable accidents is rooted in the concept of negligence and duty of care.
Under Nigerian law, event organizers, property owners, and relevant authorities have a duty to ensure the safety of all attendees. When this duty is breached, resulting in harm or death, the person responsible for such negligence or who owes such duty of care may be held liable for negligence.
The Nigerian Constitution, specifically Section 33, guarantees the right to life, while Section 34 protects the right to dignity and freedom from inhumane treatment. These constitutional provisions underpin the legal framework for seeking redress and compensation for victims of avoidable accidents.
Let’s See few Case Law and Precedents:
Several landmark cases in Nigeria have established precedents for compensation in cases of negligence and breach of duty of care:
1. In the case Donoghue v. Stevenson (1932): Although a UK case, it is highly influential and forms the basis of modern negligence law. The principle established that individuals and organizations have a duty of care to avoid acts or omissions that can foreseeably harm others.
2. In Anthonio v. CBN (2016): The Nigerian Supreme Court held that the Central Bank of Nigeria was liable for negligence in failing to prevent a fire outbreak that caused significant damage. The case underscored the importance of duty of care and the consequences of its breach.
3. In the case of UAC Foods Ltd. v. Michael A. Omoregie (2010): The Court of Appeal ruled in favor of the plaintiff, who suffered food poisoning due to the defendant’s negligence. The case emphasized the need for companies to ensure the safety and well-being of their customers.
Now here are the Practical Steps for Families of the victims and Legal Practitioners:
Families of the victims should be informed of their rights to seek justice and compensation for their losses. Legal practitioners can assist the deceased families by:
1. Filing for Coroners Inquests: This is to initiate a requests for inquests with the Chief Coroners to determine the exact causes of death and identify any lapses in safety protocols.
2. Ensure the Gathering Evidence: Collect evidence, including eyewitness testimonies, photographs, and video recordings, to establish the circumstances leading to the stampedes.
3. Go ahead and File Civil Actions: File civil actions against the event organizers, property owners, and any other responsible parties for negligence and breach of duty of care. Seek compensation for the emotional and financial losses suffered by the bereaved families.
4. Advocacy and Awareness: Raise public awareness about the importance of safety protocols and the legal rights of victims’ families. Advocate for stricter regulations and enforcement to prevent future tragedies.
There is also the Need for Policy Reforms In Nigeria:
Beyond individual legal actions, there is a pressing need for policy reforms to enhance public safety at events.
Government should do the following:
1. Implement Stricter Regulations: Establish and enforce regulations for crowd control and safety measures at public events and gatherings.
2. Mandatory Safety Audits: Require organizers of large events to conduct mandatory safety audits and submit emergency response plans before receiving permits.
3. Public Awareness Campaigns: Launch public awareness campaigns to educate organizers and attendees about safety protocols and the importance of adhering to them.
4. Training for Event Staff: Provide training for event staff and security personnel on crowd management and emergency response procedures.
Conclusion:
The recent stampedes in Nigeria underscore the urgent need for robust legal mechanisms to ensure accountability and compensation for victims’ families. By conducting coroners inquests and pursuing civil actions, we can hold responsible parties accountable and provide justice for the bereaved. Additionally, policy reforms and public awareness initiatives are essential to prevent future tragedies and enhance public safety.
As we mourn the loss of lives and extend our condolences to the bereaved families, let us also take proactive steps to ensure such avoidable accidents do not occur again. The legal principles of negligence and duty of care must be upheld to protect the rights and lives of all Nigerians.
May God heal and comfort the bereaved families, and may the souls of the departed rest in peace. Amen.
