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.