Law
KEREN: FCT Court fixes Monday 26th for judgement in Premiere Academy’s suit agaisnt FCCPC probe of rape allegation
The suit filed by Premiere Academy, Lugbe, seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the circumstances, that led to the rape and death of 14 year old Keren-Happuch Aondodoo Akpagher has been adjourned to Monday 26th of June 2023 for delivery of judgement by the Federal High Court, Abuja Division.
Keren who was a boarding student of Premiere Academy, Lugbe died on 22nd of June 2021 after she was infected by sepsis owing to a condom left inside her by a condom left inside her by a rapist, which compromiser her immunity and led to her tragic end.
Following her daughter’s death, Mrs Vivien Vihimga Akpagher lodged an official complaint of service failure, leading to Keren’s rape and death against Premiere Academy, Lugbe at FCCPC.
However, miffed by the summons from FCCPC, the school accused it of attempting to usurp the statutory powers of the police and asked the court to stop it. 2022.
The school even sought an interlocutory injunction restraining FCCPC from investigating the petition brought by Keren’s mother on the claim that the commission was seeking to usurp the function of the police.
But Justice Evelyn Maha struck out the request as she said granting the request will amount to determining the substantive suit at the interlocutory stage.
Ruling on Premiere Academy’s interlocutory application, the presiding judge, Justice Evelyn Maha held thus: “This court finds as a fact that a grant of the application would in effect touch on the issue of the legality/illegality of the actions of the 1st Defendant taken against the plaintiff, which is a major issue to be determined in the substantive suit. Consequent upon this, the application is refused and same is struck out.”
Accordingly, the Judge ordered an accelerated hearing of the substantive matter.
Although Premiere Academy has denied that the rape did not occur within its premises, it is curious why the school rather than cooperate with all statutory bodies to unravel the case opted to mount a legal hurdle to prevent further probe by FCCPC.
It will be recalled that on 1st of July 2022, Justice Maha also granted a joinder application argued by Barrister Chioma Onyenucheya-Uko on behalf of Mrs Vivien Vihimga Akphagher.
Justice Maha held that the applicant had placed sufficient documents before her to justify her request to be joined in the suit.
Accordingly, she ordered that the applicant – Mrs Akpagher be joined as the 3rd defendant and directed counsel to the plaintiff (Premiere Academy), Eyitato Fatogun (SAN) to effect the joinder and serve all process in the suit on her.
Specifically, Premiere Academy, Lugbe brought an action praying the court to grant “an order of interlocutory injunction restraining the 1st Defendant/Respondents (FCCPC) from inviting, summoning, causing this attend any public hearing, sitting or any proceedings by whatever name called of any staff, officer or representative of the plaintiff/applicant pending the hearing and determination of the substantive suit.”
The school also prayed for “an order of interlocutory injunction restraining the 1st Defendant/Respondents (FCCPC), its officers, representatives, agents, servants, privies or any other person deriving power, command, authority, instruction or directives from the 1st defendant/respondent howsoever from further asking, further demanding or further requesting for any document, data, and information or medical records personal to the student of the Plaintiff/Applicant with respect to or on behalf of Miss Keren-Happuch Aondodoo from the plaintiff pending the hearing and determination of the substantive suit.”
The school predicated the reliefs sought on the claim that FCCPC has “threatened, harassed and bullied the plaintiff/applicant (Premiere Academy, Lugbe) in an attempt to forcefully obtain the said information and documents.
The school also argued that FCCPC “need to be prevented from usurping the constitutional powers of the police”
However, in the considered ruling of Justice Maha, she refused the application, struck same out and ordered an accelerated hearing of the substantive suit.
In seven days time, it will be two years since Keren died on 22nd June 2021 and there is still a long way to bringing anyone to book.
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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