The Federal High Court in Abuja, has dismissed a suit filed by Premiere Academy, Lugbe 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 two years ago on June 22, 2021.
Justice Evelyn Maha while delivering Judgment in the suit on Tuesday dismissed it on the grounds that the suit was frivolous and lacking in merit.
The judge stated that Premiere Academy was not entitled to the reliefs it was asking for as the defendant, FCCPC, in seeking to investigate it, acted within its rights and within the ambit of the law, as there was no where in the Police act that prohibited the commission from carrying out its constitutional role.
The judge also stated that an order of court could not be obtained to stop the commission from carrying out its statutory required role as it would negate the doctrine of separation of powers.
The mother of the deceased, Vivian Akpagher, had lodged an official complaint at FCCPC accusing the school of service failure, following the death of her daughter.
This prompted the commission to summon the school to appear before it for investigations, but the school declined, dragging the FCCPC to court accusing it of attempting to usurp the powers of the police who they said was already investigating the matter.
The school had, in the suit, prayed the court to grant an order of interlocutory injunction restraining the 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 Keren-Happuch Aondodoo from the plaintiff, pending the hearing and determination of the substantive suit.
The school predicated the reliefs sought on the grounds that FCCPC had threatened, harassed and bullied it in an attempt to forcefully obtain the said information and documents with strongly worded letters.
