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.”