Dec. 6, 2021

By: Babatunde Irukera

I have resisted the urge to publicly publish a comment on the rather tragic and needless death of Sylvester Oromoni. The reason is perhaps untenable, but understandable regardless.

I have realized that taking on the role of a consumer protection regulator necessarily includes limitation to certain privileges or Constitutional liberties, particularly expression. I am a lawyer, parent and citizen before being a regulator, but I have learnt that the first attribution to any statement I make is as “REGULATOR”. The responsible thing to do in that case, is not to be pre-emptive or premature in public statements, even when its an expression of personal opinion.

That said, as an individual and in my role with the FCCPC, I have gathered sufficient information; and there is a lot from open sources to support , if not conclusions, at least a narrative. I applaud Lagos State authorities for swift actions in both engaging and decisively closing Dowen college pending further investigation.

As a consumer protection regulator, those decisions are not automatic, simple or basic. For one there are students in the school who will be affected by closure. Also, there is a brand that has been created which many consumers desire access to (like the Oromoni family whose late son is one of 4 children and the 3rd to attend Dowen) to the education and services of the school.

As such, an early decision in favor of closure was a regulatory indication to me of the magnitude of what had occurred. It establishes that the authorities are sufficiently convinced that something fundamental went wrong, and there was certainly a prima facie or colourable claim that what lead to Sylvester’s untimely death was far below ideal standards or expectations.

More importantly, there was basis to believe that systemic failures or gaps apparently exist enough to endanger other children who were entrusted to the Dowen authorities and faculty. Schools are not closed because of sentiments or to assuage a loss. They are (as should be) closed because of existential threats to safety or gaps in standards that make closure the only reasonable measure (whether temporarily or permanently).

At the FCCPC, we are following the investigation, and articulating the issues we believe must be addressed. However, right now, the outrage that has rightly responded to this episode may somewhat becloud the underlying damage that has been done and the pain of family, friends, schoolmates and nation. For those young boys in that dormitory, in addition to the pain and suffering of Sylvester’s family, theirs’ also ranks high. The indelible trauma of their experience can conceivably require continuing therapeutic attention.

A few facts have arisen at this point:
1. Sylvester’s injuries were most unlikely sport (football) related.
2. His account appear to have been corroborated by other boys
3. The identities of at least some perpetrators has been disclosed (they are at a minimum, persons of interest)
4. The School’s initial public statement is rather unfortunate whichever way, whether it was erroneous and on account of lack of internal investigative, control or monitoring mechanisms; or inaccurate and intentional for damage control.

We know a child is dead. The cause of death was unnatural. There is evidence of severe physical injury, and some evidence identifying possible perpetrators.

The little we know brings me to the framework we have. What comes to my mind here are Consequence, Accountability and Retribution (CAR). This is the vehicle for societal behavioral modification and conduct if society will be livable. Consequence for all, where lapses or failures have occurred, Accountability for an institution whose framework and mechanisms must exist, be seen to exist and operational, and Retribution for those who have engaged in criminal conduct by whatever name so called.

Only when this process works in a transparent and fair manner can the cynicism, despondence and progressively systemic deconstruction of our society, nationhood, even humanity be mitigated.

This is what law enforcement, Lagos State government and we all as regulators must focus on and do in a timely manner.

In closing, it is sadly fortuitous that about the same time this was unfolding in Dowen in Lagos, Ethan Crumbley, a 15 year old student of Oxford High School in Oxford Michigan, U.S. took a firearm to school and engaged in a mass shooting killing 4 teenagers, and injuring 7 others.

The local authorities have pieced some of the information together as we are doing also. However in as many hours or days, Ethan is currently in custodial detention of the Correctional Department, has been charged with terrorism, murder and other charges, has had his first day in court and a plea taken.

And that is not all of it- his parents became fugitives, but were hunted down, arrested, and detained in the same facility as their son, charged with involuntary manslaughter and had their first day in court too. Being a litigator, I have no doubts that the trials are not about to start, the investigations are not closed, but the CAR (Consequence, Accountability, Retribution) system is in gear and moving, even if not in the fastest lane.

This parallel is even more relevant because of stories, (though unconfirmed and unverified) that I have read that some of the identified Persons of Interest have been removed by their parents, and possibly even removed from the country. If this is true, they should be held accountable, there should be consequences for that, and retribution for such action. Government, persons of interest, school authorities, faculty, parents… there is enough blame to go round, and more importantly, lessons for all.

That the mass shooting at the Oxford High School in Michigan is America’s 651st mass shooting in 338 days is unequivocal evidence that America is not perfect, in fact, broken and struggling, but the CAR is moving.
We don’t need to be better or perfect either, we just need our CAR to move and keep moving! And this is a collective responsibility for us all because in the death of Sylvester, all are involved- governance system, school administration, individual students, parents… society!!

Babatunde Irukera is the Executive Vice-Chairman/Chief Executive Officer of the Federal Competition and Consumer Protection Commission, FCCPC