Concerning
the institution
of alternative
school for the pregnant
girls, the
Court holds that the establishment of separate school for the pregnant
adolescent girls with four (4) taught subjects operating three (3) days a week is
discriminatory and a violation of the right to (equal) education.
4. WHETHER THE APPLICANT IS ENTITLED TO THE RELIEFS SOUGHT.
It is settled law that once the Court finds a violation of human
discretion to order reparation is unquestionable. The kind
granted by the court depends on the circumstances of each
case of SERAP vs. FEDERAL REPUBLIC OF NIGERIA
ECW/CCJ/JUD/18/12, the court, inter alia, held in paragraph
rights, its
of reparation to be
case. In the decided
JUDGMENT No.:
118 ofits judgment
that:
..the obligation of granting relief for violation of human rights is a
universally accepted principle. The Court acts indeed within the limits of its
prerogative when it indicates for every case brought before it the reparation it
deems appropriate.”
Reparation could be pecuniary, that is monetary compensation for damage
suffered by the victim as a result of the violation, or a declaratory or an order
depending
on the
nature
of each case. The
Court, in making
an order for
reparation would have to consider the case of the Applicant and the nature of
the reliefs sought by him or her.
In the instant case, the Applicant sought seven reliefs. The first and second
reliefs of the Applicant have been dealt with supra that since the action of the
Respondent is considered discriminatory as regards the treatment of pregnant
school girls, it follows from the principle in the case of SERAP vs. FEDERAL
REPUBLIC OF NIGERIA (quoted supra), that the Applicant is entitled to a
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