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From Godwin Tsa, Abuja
Attempts by Premier Academy, Lugbe, Abuja to stop investigations into the circumstances that led to the alleged rape and death of one of its student, Keren-Happuch Aondodoo Akphagher, has failed before the Abuja Division of the Federal High Court.
Justice Evelyn Maha specifically struck out the application filed by the school, seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the circumstances, which led to the alleged incident.
Rather, she ordered an accelerated hearing of the substantive suit, fixing it for 22nd of June, which is the same day Keren-Happuch died one year ago.
Keren, a 14 year old, was raped allegedly at Premiere Academy and a condom left inside her by the rapist, infecting her with sepsis and compromising her immunity, which led to her tragic end.
Following a formal complaint lodged by Keren’s mother, Mrs Vivien Vihimga Akphagher at the Federal Competition and Consumer Protection Commission (FCCPC), accusing the school of breaching their contract of a duty of care and protection of her daughter, leading to her rape and death, the commission had summoned the school demanding information and explanations.
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.
In the action with suit No: FHC/ABJ/CS/26/, the school named FCCPC and the Inspector General of Police as first and second defendants/respondents.
Ruling on Premiere Academy’s interlocutory application, the presiding judge, Justice 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. Consequent upon this, the application is refused and same is struck out.” Accordingly, the judge ordered an accelerated hearing of the substantive matter.
