Law
Rape, death of Keren: Court admits vital evidence against Premiere Academy
Two vital documents have been admitted in evidence and marked as exhibits by an Abuja High Court against Premiere Academy, Lugbe, Abuja in the case filed by Mrs. Vivien Vihimga Akpagher, mother of late 14 year old rape victim, Keren-Happuch.
Keren-Happuch, a boarding student of Premiere Academy, Lugbe died on June 22, 2021 following sepsis infection she contracted as a result of condom left inside her by a killer-rapist.
In her evidence-in-chief, Mrs Akpagher tendered vital evidence tendered, which was admitted as exhibit by the court to prove her case against Premiere Academy.
Specifically, she tendered the Drugs Inventory and Medical Records of Premiere Academy, Lugbe to substantiate her claims.
In the said drugs inventory, the drug “Dexamethasone” was listed conspicuously contrary to the schools claim that it has never bought “dexamethasone” as part of its drugs store.
Mrs Akpagher had alleged that the school nurses gave her late daughter dexamethasone, a steroid, to manage her the pains from rape, but did not avert their minds to the fact that since she was diabetic, dexamethasone will compromise her immunity and lead to her death.
She also tendered medical entries of the school, which had her daughter’s name and medical records conspicuously absent.
According to Mrs. Akpagher, this was an evidence of negligence and failure of the duty of care as it showed that her daughter was not getting the medical attention she needed.
Justice Chinyere Nwecheonwu has adjourned until November 13, 2023 for continuation of the N10 billion suit, filed by the mother of the deceased, against the school for negligence and failure of a duty of care to her daughter.
The plaintiff, through her team of lawyers led by Uzoma Anaeto and Chioma Onyenucheya -Uko, told the court that despite her demand that the police should retrieve CCTV footage of June 15 and 16, 2021, from the school, which she said would disclose how her daughter has sexually abused as well as the identity of her abuser, the defendants declined to accede to the request.
She is among other things, seeking a declaration that the negligence of the defendants caused her daughter’s death.
As well as, “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.”
She is praying the court to aside from awarding her the sum of N10bn as damages, equally compel the defendants to pay another N10 Million for the emotional, mental, psychological and physical stress she was subjected to, following the death of her daughter.
The court had earlier dismissed a preliminary objection filed by the school for the matter to be struck out.
Justice Chinyere Nwecheonwu declined to strike out the suit on a technical ground that the name of the school was not properly spelt.
Rather, she gave the plaintiff’s counsel permission to correct the error and gave the go-ahead for hearing the matter.
Speaking with newsmen after the case was adjourned, the plaintiff said she decided to approach the court owing to the failure of the school to show any remorse for her daughter’s death.
Her lawyer further disclosed that they have applied, praying 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.”
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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