The lengths to which the Federal Competition and Consumer Protection Commission (FCCPC) can go in its duties will be tested soon as the Federal High Court, Abuja will on Tuesday deliver judgment in Premiere Academy, Lugbe’s suit seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the alleged rape and death of its 14-year-old student.The student, Keren-Happuch Akpagher, who was a boarding student of the private school, died on June 22, 2021.
Justice Evelyn Maha had fixed June 26 for judgment but when the matter was called on Monday, she said that she was unable to deliver the judgment due to another official engagement she had to handle.
The judge rescheduled the judgment for Tuesday at 2pm
BRANDPOWER reports that the mother of the deceased, Mrs Vivien Akpagher, had, following the death of her daughter, lodged an official complaint at FCCPC accusing the school of service failure.
The school, however, accused the commission of attempting to usurp the statutory powers of the police and asked the court to stop the commission from investigating the matter
Justice Maha struck out the request as she said granting the request would amount to determining the substantive suit at the interlocutory stage.
“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.”
She rather ordered an accelerated hearing of the substantive matter.
Justice Maha had also on July 1, 2022, granted an application for joinder argued by Mrs Chioma Onyenucheya-Uko, on behalf of Akphagher.
The judge held that the applicant had placed sufficient documents before her to justify her request to be joined in the suit.
Accordingly, she ordered that 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.
