From Godwin Tsa, Abuja
The Federal High Court, Abuja, yesterday dismissed the suit filed by Premiere Academy, Lugbe, seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the circumstances which led to the rape and death of 14-year-old Keren-Happuch Aondodoo Akpagher.
Justice Evelyn Maha, in her judgment, dismissed the suit for being frivolous and lacking in merit.
The judge said, “having gone through the relevant provisions of the Police Act as well as the 1999 Constitution, there is nowhere that stops the FCCPC from discharging its statutory functions.
Beyond that, Justice Maha added that “the court lacks powers to stop a statutory body from carrying out its duties, as doing that will negate the doctrine of separation of powers.
“The plaintiff (Premiere Academy) is not entitled to the reliefs sought. The defendants acted within its statutory powers provided by the Act establishing it. The first defendant (FCCPC) acted within its rights. The plaintiff is not entitled to the reliefs sought, and the case of the plaintiff is frivolous and lacking in merit and, accordingly, dismissed,” the judge held.
Reacting to the judgment, Executive Director, Men Against Rape Foundation, Lemmy Ughegbe, who has been given psychosocial and technical support to Keren’s family, said: “Even in death, Keren is still working to make the society and humanity better. By this case, she has affirmed the right of consumers to complain about service failure and get redress. I agree with the court that the action brought to stop the probe was frivolous.”
Keren, who was a boarding student of Premiere Academy, Lugbe, died on June 22, 2021, after she was infected by sepsis, owing to a condom left inside her by a rapist, which compromised 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. It was at this stage that the school brought the action against the FCCPC, accused it of attempting to usurp the statutory powers of the police and asked the court to stop it.
Beyond the originating summons, 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 the request was struck out by Justice Evelyn Maha, who ruled that granting the request would amount to determining the substantive suit at the interlocutory stage.
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 or illegality of the actions of the first defendant taken against the plaintiff, which is a major issue to be determined in the substantive suit. Consequently, the application is refused and the same is struck out.”
Accordingly, the judge ordered an accelerated hearing of the substantive matter. She equally granted a joint application argued by Barrister Chioma Onyenucheya-Uko on behalf of the deceased mother, 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 third defendant and directed counsel to the plaintiff (Premiere Academy), Eyitato Fatogun (SAN), to effect the joinder and serve all processes in the suit on her.