Suleman Mumuni Shatters Samuel Awuku's Life

At three years, Samuel Awuku may not be conscious of his dreams yet, but for now his life has been totally shattered. On November 9, 2003, while walking with his mother by the side of the road at Afienya, Little Awuku�s life was ruined through the negligence and recklessness of a driver who ran over him. The driver, Suleman Mumuni, then in charge of a truck with registration number UW 853 C which was carting foodstuffs from the Northern Region, knocked down the boy, destroying his right thigh and part of his mid-section in the process. Now Awuku is 12 years and that gory accident has permanently rendered him sub-human, with doctors declaring him functionally unable to biologically reproduce. Little Awuku has lost both testes and scrotum and the skin shaft of the penis and left with an amputated right thigh. He underwent more than six surgeries at the Korle-Bu Teaching Hospital where he had been on admission for about eight months. He will need a fitting of leg prosthesis but, for now, he is currently walking with crutches. His mother is said to have died after the accident when she could no longer bear her son�s suffering. But all is not lost, yet, at least for now. Young Awuku has received some justice from the Accra Fast Track High Court, which has awarded him reparation of GH�10 million in general and compensatory damages, GH�179.30 in medical expenses with interest from July 2004 and costs of GH�10,000. Since the driver is a man of straw, lawyers for Awuku sued the State Insurance Company (SIC) Ltd which insured the truck that was involved in the accident. This award, which is likely to be the highest to a single individual in the country, will today, Thursady play out at the Accra High Court where SIC is challenging it as too excessive. It is prepared to pay a conditional reparation of GH�35,000. Little Awuku sued the driver and car owner, Shaibu Sulemana, through his uncle.The driver was prosecuted at the Tema Circuit Court �A�, convicted and sentenced to a fine of GH�200 or in default two years� imprisonment. In 2008, claims were put in for Little Awuku but that had not been paid and, according to the boy, his incapacitation was made known to SIC when his claims were put in. But, he said, it had become obvious that SIC was unwilling to pay him any compensation for his injury, hence the instant action against the company. The SIC has entered appearance in the matter and was required by the rules of court to file its defence in the matter. Rather, the company has filed a motion for stay of execution of the judgement against the driver pending appeal of the matter. According to SIC, the award granted Awuku was manifestly excessive regarding the global award of general and compensatory damages and that it was only fair and just that enforcement of the judgement be stayed pending the appeal. The company said it was not a party to the suit that culminated in the award and prayed that the court grant a conditional stay of execution in the sum of GH�35,000 to be paid to the boy pending the appeal. However, counsel for Awuku has vehemently opposed the application for stay, saying that the procedure was unknown to the law and rules of the court. Counsel said SIC was not a party to the suit and, therefore, lacked the capacity to commence the action.