By Tricia Ikem
A legal controversy has emerged in Lagos following a petition seeking a review of a legal advice issued in a case involving two female teachers accused of negligence in a child injury incident at a nursery school in Ikorodu.
The petition, submitted by Crown Cannan Attorneys, calls on the Lagos State Ministry of Justice to reconsider the legal advice issued on September 16, 2022, in the case filed as Commissioner of Police vs. Ambassador Rukayat Tobiloba and Rukayat Lawal.
Addressed to the then Attorney-General and Commissioner for Justice of Lagos State, Moyosore Onigbanjo, the application argues that the legal advice may have been influenced by what the petition describes as a “deliberate manipulation of facts.”
According to the counsel representing the defendants, the allegations revolve around an incident that allegedly occurred on October 26, 2021, at Great Kezino Nursery and Primary School located in Adamo area of Ikorodu, Lagos.
The two defendants, Ambassador Rukayat Tobiloba, aged 26, and Lawal Rukayat, aged 24, were said to be the class teacher and assistant class teacher respectively in charge of a Nursery One class where the incident occurred.
Court documents indicate that a three-year-old pupil, victim A, was reportedly injured after another pupil allegedly pierced a pencil into her private part during school hours.
The prosecution alleges that the incident happened due to the failure of the teachers to exercise adequate care and supervision over the children under their custody.
Based on this allegation, the two educators were charged with negligence under Section 252 of the Criminal Law of Lagos State, 2015, which deals with acts that may cause harm through lack of proper care.
The defendants were subsequently arraigned before Magistrate Court No. 2 in Ikeja on April 19, 2022, where they faced a one-count charge related to the incident.
During the investigation conducted at the Gender Unit of the Lagos State Police Command in Ikeja, several civil society groups reportedly monitored the proceedings.
Among them were representatives of the African Women Lawyers Association (AWLA)and other non governmental organization (NGO).
These groups reportedly expressed concerns about what they described as the growing tendency to weaponise allegations of child abuse in ways that could unfairly damage reputations and careers.
The defence team in its petition argued that the case deserves a fresh review to ensure that justice is served based on verified facts rather than assumptions or public pressure.
They also urged the Ministry of Justice to carefully reassess the legal advice and the circumstances surrounding the investigation in order to determine whether the prosecution should proceed as currently framed.
Legal observers say the outcome of the requested review could determine the next stage of the case and may also highlight broader concerns about investigative procedures and child protection cases within the justice system
Reacting to a viral social media post by Ambassador Rukayat Tobiloba, who claimed she might be jailed for defilement, the head teacher of Great Kezino Nursery and Primary School, Mrs. Edaolaropin Toyin, provided the school’s account of events.
According to her, the pupil identified as Victim A was enrolled in the Nursery One class on September 20, 2021, which had about 15 pupils.
She explained that on October 26, 2021, the pupil was transported home on the school bus after closing hours and handed over to her father around 4:30 p.m.
“Later that night, the pupil’s mother allegedly contacted the head teacher, claiming her daughter cried while bathing and alleged that a male classmate, Victim B, had inserted a pencil into her private part during school hours,” she said.
The school, however, rejected the allegation, maintaining that no such incident occurred while the child was in its custody.
“The following morning, the teacher visited the pupil’s home, where the father reportedly denied the mother’s account of the incident,” Toyin added.
She said the situation escalated later that day when the child’s parents arrived at the school with police officers from Imota Police Station demanding that the alleged male classmate be produced.
The head teacher further stated that the school management had supported Tobiloba throughout the legal process.
“Since the incident happened, the school management has never stopped supporting Tobiloba’s welfare until last year when she sent a WhatsApp message saying she was no longer interested in the court matter, claiming she had relocated to Ibadan,” she said.
