From Godwin Tsa, Abuja
The Abuja division of the Federal High Court, yesterday, reserved judgment till June 26, in the suit filed by Premiere Academy, Lugbe, seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the rape and death of 14-year-old student, Keren-Happuch Aondodoo Akpagher.
The deceased, who was a boarding student of the private school, died on June 22, 2021, after she was infected by sepsis caused by a condom that was left inside her by a rapist.
The bereaved mother, Mrs Vivien Vihimga Akpagher, had, following the tragic incident, lodged an official complaint, accusing the school of service failure at FCCPC. Alarmed 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.
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 would 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 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.
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.
On July 1, 2022, Justice Maha also granted a joint 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 third 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.
The school had, in the suit, prayed the court to grant “an order of interlocutory injunction restraining the first defendant/respondents (FCCPC) from inviting, summoning, causing it to 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 first defendant/respondents (FCCPC), its officers, representatives, agents, servants, privies or any other person deriving power, command, authority, instruction or directives from the first 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 out and ordered an accelerated hearing of the substantive suit. In seven days’ time, it will be two years since Keren died on June 22, 2021, and there is still a long way to go to bring anyone to book.