Falana sues FCDA for failure to cover manhole in Abuja

Human rights lawyer, Femi Falana (SAN) has sued the Federal Capital Development Authority (FCDA) over “failure to cover up the manhole on Abuja streets.

The suit filed yesterday before the High Court in Abuja followed the event on October 27, 2017, when according to Falana, he “was walking on Shehu Shagari Way, Maitama District, Abuja, and fell into an uncovered manhole, which had no inscription around it to caution road users, especially pedestrians to avoid same.”

In the Suit No. CV/0248/17, Falana is arguing that, “The defendant owes all road users, including the plaintiff a duty of care by ensuring that the roads within the Federal Capital Territory are safe for all road users.

The defendant ought to know that leaving a manhole open in the middle of the road was dangerous for all road users, especially pedestrians. The defendant owes the plaintiff a duty of care to ensure his safety while walking on Shehu Shagari Way, Maitama District, Abuja.”

According to Falana: “The failure of the defendant to exercise reasonable care for the safety of road users, especially pedestrians by covering the manhole in the middle of the road caused the accident leading to the severe sprain the plaintiff suffered on his right knee.

The plaintiff was in severe and excruciating pain when the accident leading to the sprain in his right knee occurred. The plaintiff had to undergo series of medical procedures which caused him severe pain. The plaintiff suffered physical, psychological and mental trauma…

“The plaintiff avers that he was examined by a radiologist at the National Hospital, Abuja where he was diagnosed with a severe sprain in his right knee that led to the application of POP cast on the said knee. The plaintiff pleads and will at the trial of this matter, rely on a copy of the report dated 27/10/2017 herewith attached and marked “Exhibit FF 01”.

“The Plaintiff avers that he suffered severe and excruciating pain as a result of the sprain he suffered on his right knee that led to application of POP cast which would last four – six weeks subject to his doctor’s advice.

“The plaintiff avers that prior to the application of P.O.P on my right knee; the doctor who attended to me ordered an X-ray/MRI scan on my knee. The image of the X-ray/MRI scan is contained in a Compact Disc.”
No date is fixed for the hearing of the suit.