The Benin Division of the Court of Appeal has affirmed the judgment of the Edo State High Court holding Nigerian Bottling Company (NBC) Plc and one of its drivers liable for a road accident that left Abidemi Obanikoro seriously injured and claimed the lives of a police orderly and a driver attached to former Minister of State for Defence, Senator Musiliu Obanikoro.
In a unanimous judgment delivered by Justice Lateef Adebayo Ganiyu and concurred in by Justices Bitrus Gyarazama Sanga and Asmau Ojuolape Akanbi, the appellate court dismissed the appeal filed by NBC Plc and its driver, Hamza Mohammed, describing it as lacking merit.
The dispute arose from consolidated suits instituted on behalf of Senator Musiliu Obanikoro, his daughter, Abidemi Obanikoro, and Mrs. Agnes Akele, widow of the late Sergeant Felix Akele, following a fatal road accident allegedly caused by the negligent driving of a Nigerian Bottling Company vehicle.
The Edo State High Court, presided over by Justice Ada Nnoyelum Ehigiamusoe, had on June 2, 2016, awarded various sums to the claimants. The awards included N1.5 million as reimbursement for burial expenses incurred for the deceased driver and police orderly, $184,236.53 for medical treatment and ambulance services used in transferring Abidemi Obanikoro to South Africa, hotel accommodation expenses incurred by Senator Obanikoro’s wife in South Africa, and N10 million in general damages for the pain and suffering endured by Abidemi Obanikoro.
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Dissatisfied with the decision, NBC and its driver, through their counsel, A. Ehiwuogun, challenged the judgment on 12 grounds.
The appellants argued, among other things, that the trial court delivered its judgment outside the constitutionally prescribed period, improperly evaluated evidence, and wrongly awarded both special and general damages to the claimants.
They further contended that the more than two-year delay between the adoption of final written addresses and the delivery of judgment occasioned a miscarriage of justice and rendered the decision a nullity.
Meanwhile, Dr. Gbenga Ojo, who represented the Obanikoros and Mrs. Akele, filed a cross-appeal challenging aspects of the trial court’s judgment.
The cross-appellants argued that the lower court erred by failing to award general damages to Senator Obanikoro and Mrs. Akele, awarding only N10 million to Abidemi Obanikoro. They also challenged the refusal of the court to award N1.9 million allegedly expended on first-class air tickets for trips to South Africa, the omission of post-judgment interest on the damages awarded, and the award of only N500,000 as costs.
In its judgment, the Court of Appeal rejected the arguments advanced by NBC and its driver, holding that delay in delivering judgment does not automatically invalidate a decision unless it is shown to have caused a miscarriage of justice.
The court held that the appellants failed to demonstrate that the delay adversely affected the trial judge’s assessment of the evidence or the correctness of the findings reached.
The appellate court also upheld the findings on negligence and liability, ruling that the trial court properly evaluated the evidence before arriving at its conclusions.
On the cross-appeal, the Court of Appeal found merit only in the complaint relating to post-judgment interest.
Consequently, the court held that the trial judge erred by failing to award interest on the judgment sums and ordered that a 20 per cent post-judgment interest be applied to the cumulative sums awarded to the successful claimants from June 2, 2016, until full liquidation of the judgment debt.
However, the court dismissed the claims for additional general damages, the N1.9 million airfare reimbursement, and the request for an upward review of the N500,000 costs awarded by the trial court.
The appellate court held that the alleged airfare expenses were not supported by documentary evidence and therefore failed to meet the legal requirements for the award of special damages.
