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KEREN: Non-appearance of Judge frustrates hearing of N10b suit against Pemiere Academy over rape, death of boarding student

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Hearing into the case brought by Mrs Vivien Vihimga Akpagher against Premiere Academy, Lugbe for its alleged failure of a duty of care to her 14 year old daughter, Keren-Happuch Aondodoo Akpagher which led to her alleged rape and eventual death was stalled at an Abuja High Court.

Keren died on June 22, 2021 after she contracted sepsis caused by condom left inside her vagina by the killer-rapist, which spiked her blood sugar leading to hyperglycemia.

Vexed by this development and the lack of remorse and empathy displayed by Premiere Academy, Keren’s mother, Mrs Akpagher filed a – 10 Billion naira suit against the school at the Abuja High Court.

In its response, Premiere Academy filed a preliminary objection, asking the court to strike out her suit on technical ground based on error in the spelling of its name.

However, Jstice Chinyere Elewe Nwecheonwu refused Premiere Academy’s request to terminate the suit on mere technicality. She accordingly consented to the application of the plaintiff/ applicant’s counsel, Barrister Chioma Onyenucheya-Uko for amendment of the misnomer in the spelling of the defendant’s name.

But when the matter came up today for hearing, the court official informed lawyers and litigants that the matter would not go on because the trial judge was away attending judges’ conference.

The official, who did not disclose his name, said when the judge resumes next Monday a new date for hearing will be communicated to the parties.

Speaking on why she filed the suit against the school, where her daughter was a boarding student until her death, Mrs Akpagher said she expected “a school that is apologetic and takes responsibility for the rape and death of my child”, stating that if they were honourable enough to do so, she would drop the matter.“

But the way they are going, if they are not ready to take responsibility, we shall see this case to the end, so that it doesn’t happen to another child,” she stated.

In the instant suit, she has also prayed the court for “an order restraining the defendants by themselves, their agents and privies from threatening the plaintiff and her allies in respect of this suit, during and after the trial.”

The plaintiff is praying the court for the following reliefs:

  • A declaration that the negligence of the defendants caused the plaintiff’s daughter’s Keren –Happuch Aondodoo Akpagher death on the 22nd day of June 2021
  • A declaration that the acts of the defendants, who owed the duty of care to plaintiff’s daughter, were negligent and this led to her death as a result of rape, sexual abuse and molestation which happened under their care. S

he therefore prayed the court to award to her the sum of N10 billion damages against the defendants for the breach of duty of care and negligence which led to the death of Keren-Happuch Aondodoo Akpagher.

She prayed the court for another N10million for emotional, mental, psychological and physical stress on the plaintiff, caused by the painful death of her daughter at the hands of the defendants who owed her duty of care.

She said despite her demand that the police retrieve CCTV footages of 15th and 16th of June 2021, which she knows discloses how her daughter was sexually abused and the identity of her abuser, the defendants have chosen to obstruct justice by concealing or deleting the said footages.U

Barrister Uzoma Anaeto and Barrister Chioma Onyenucheya -Uko are counsel for the plaintiff (Mrs Akpagher), while Chief Adegboyega Awomolo (SAN) with whom are his wife, Chief Mrs Victoria Awomolo (SAN) and Eyitayo Fatogun (SAN) and other junior counsel lead the defence of Premiere Academy.

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EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned

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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.

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Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership

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Musiliu Akinsanya

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.

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Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality

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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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