Law
Rape of Keren: Court declines to strike out N10b suit against Premiere Academy
***Hearing fixed for December 7, 2022
An Abuja High Court has rejected the request of Premiere Academy, Lugbe to terminate a suit brought against it by Mrs Vivien Vihimga Akpagher, mother of late 13 year old Keren -Happuch Aondododoo, who was a boarding student of the school.
The suit is predicated on the school’s alleged failure of the duty of care to the late rape victim and negligence.
Keren-Happuch died on June 22, 2021 following health complications after being raped allegedly at her school premises and condom left inside her vagina, which infected her with sepsis and spike her blood sugar leading to hyperglycemia.
As a result of this and the failure of the school – Premiere Academy to take responsibility, her Mother, Mrs Akpagher instituted a civil action against the school on account of failure of the duty of care and negligence.
However, when the case came up yesterday, the court rejected the prayer made by Premiere Academy through its counsel, Olajide-Olaleye Kumuyi, objecting to an application by Mrs Akpagher’s counsel, Barrister Chioma Onyenucheya-Uko, seeking to amend a misnomer in the spelling of the name of the school.
Arguing, Premiere Academy’s counsel had submitted that since the name of his client had been spelt as premier without an ‘e’, he was not a juristic person and can therefore not be sued, urging the court to so hold.
Earlier, Barrister Onyenucheya-Uko had prayed the court for “an order to correct the misnomer in the name of the 1st defendant to wit: Premiere Academy Limited which was wrongly spelt as Premier Academy Limited”.
She submitted that “a Court of law allows the correction of any misnomer which occurs in the course of filing of any process before her especially where the party seeking for the correction of such a misnomer has brought an application before the Court, praying for such correction and stating clearly the circumstances surrounding same.
She cited the case of Gombe State Co-operative, Savings and Loans Limited v. Guarantee Trust Bank Plc & Ors, where the Court of Appeal while considering the issue of misnomer held that it usually occurs when there is a mistake as to the name of a person who sued or was sued or when an action is brought to court under, by or against the wrong name of person.
“We humbly submit that the error in the spelling of the name of the 1st defendant as Premier Academy Limited instead of Premiere Academy Limited is a misnomer”, she concluded.
Delivering her ruling on the request, the judge, Justice Chinyere Elewe Nwecheonwu rejected the arguments of Premiere Academy, seeking to terminate the suit filed by late Keren’s mother.
Consequently, she upheld the arguments of Barrister Onyenucheya-Uko, saying the error was a misnomer, granted the request for the said amendment and adjourned to 7th of December 2022 hearing of the substantive suit, seeking damages from the school for failure of the duty of care and negligence, which led to the rape and death of Keren.
Barrister Uzoma Anaeto is lead counsel for the plaintiff (Mrs Akpagher), while Chief Adegboyega Awomolo (SAN) with whom are Chief Mrs Victoria Awomolo (SAN) and Eyitayo Fatogun (SAN) and others lead the defence of Premiere Academy.
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
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