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Rape, death of Keren: family files N10b suit against Premier Academy

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**Demands CCTV footages of 16th and 17th of June 2021

Grieving Mrs Vivien Vihimga Akpagher has dragged Premiere Academy, Lugbe, Abuja and its owners, including former Managing Director of Skye Bank, Mr. Akinsola Akifemiwa before an Abuja High Court, demanding for over ten billion naira.

This is coming against the backdrop that the School allegedly neglected and failed to care for her daughter who was 14 year old boarding student Miss Keren-Happuch Aondodoo Akpagher that died after being allegedly raped.

Keren-Happuch died on the 22nd of June 2021 after developing sepsis as a result of the infection caused by the condom left inside her by her rapist, which compromised her immunity, spiked her blood sugar resulting to hyperglycaemia.

Speaking at a press conference organised in Abuja, Mrs Akpagher said she brought the suit against Premiere Academy Ltd, Dr. Omotayo Akinfemiwa, Chief M.K Osuma, AAGMR Ltd (represented by Akinsola Akinfemiwa), Premiere Eye Center Ltd ( represented by Akinsola Akinfemiwa), Mr. Christopher Akinsowon, Mrs Grace Salami and Nurse Lois Bung as 1st to 8th Defendants.

She said all she expects is a school that is apologetic and takes responsibility for the rape and death of her child, stating that if they were honourable enough to do so, she would drop the matter.

“But the way they are going, if they are not ready to take responsibility, we shall see this case to the end, so that it doesn’t happen to another child, she stated.

In the instant suit, she has also prayed the court for “an order restraining the defendants by themselves, their agents and privies from threatening the Plaintiff and her allies in respect of this suit, during and after the trial.”

The Plaintiff is praying the court for the following reliefs:

· A declaration that the negligence of the Defendants caused the Plaintiff’s daughter’s Keren –Happuch Aondodoo Akpagher death on the 22nd day of June 2021.

· A declaration that the acts of the defendants, who owed the Duty of Care to Plaintiff’s daughter, were negligent and this led to her death as a result of rape, sexual abuse and molestation which happened under their care.

· A declaration that the acts of the defendants who instructed the 8th defendant to administer dexamethasone (a steroid) on Keren –Happuch Aondodoo Akpagher exacerbated her underlining illness: “diabetes” and this led to her death.

· A declaration that the defendants’ failure to apprehend the perpetrator or allow the due process of the law to be carried out on time in other to fish out the perpetrator who is within their vicinity have intentionally inflicted the plaintiff with emotional distress, mental distress and nervous breakdown.

She therefore prays the court to award to her:

· The sum of Ten Billion Naira damages against the defendants for the breach of duty of care and negligence which led to the death of Keren –Happuch Aondodoo Akpagher.

· Ten Million Naira for emotional, mental, psychological and physical stress on the plaintiff, caused by the painful death of her daughter at the hands of the defendants who owed her duty of care.

Ten million naira representing cost of Litigation.

In support of the reliefs sought by the plaintiff are a -61 paragraph statement of claims, wherein Mrs Akpagher painted a graphic picture of how she got a tip off from Keren’s House mother, Mrs. Rita Abejide to resist attempts by the matron not to allow her take her daughter away from the school, disclosing that the child was distraught and unable to walk on the 16th of June 2021 as she was in pain and had to be assisted to go to class.

She said despite her demand that the police retrieve CCTV footages of 15th and 16th of June 2021, which she knows discloses how her daughter was sexually abused and the identity of her abuser, the defendants have chosen to obstruct justice by concealing the said footages.

She explained how Keren eventually became critically ill the following day after returning home and she was rushed to the hospital on Monday, 21st of June 2021 in a bad state and that was when it was discovered by the medical team at Queen’s Clinic that her daughter had been sexually abused.

The plaintiff will rely on the test results, and the hospital reports and records of Queens Clinic, Wuse Abuja, which prove that condom was left inside of her late daughter and her urine contained dead spermatozoa.

The plaintiff states that “following the test results, she called the school management that is the 6th and 7th defendants at about 1pm on the 21/06/21 to come to the hospital, but never disclosed the findings. But before the management came, the plaintiff called a teacher in the 1st defendant, Mr. Chukwuka Okafor, whom she had never told what the hospital revealed and during their discussion, he prayed her daughter gets better and come back to school to which the plaintiff said she won’t be coming back and he said “don’t worry madam we will get to the bottom of it so that it does not happen to another child.”

The plaintiff states that her daughter died early hours of Tuesday 22/6/2021 from hyperglycemia triggered by sepsis resulting from the infection caused by the condom, which was left inside her and aided by the dexamethasone that was administered to her in the school clinic by her nurse Lois Bung which compromised her immunity. The plaintiff will rely on all the medical documents given to her by Queens Clinic Abuja in the course of trial.

The plaintiff states Lois Bung wrote a statement at the police stating that she had given Keren-Happuch 5 tablets of Dexamethasone (steroid) and 1 tablet of Loratadine (anti-allergy). These drugs given to her were not part of her routine drugs, and the defendants were negligent in not seeking her consent before administering such drugs to her daughter and never also deemed it fit to inform her that such drugs was administered to enable her take precaution and also inform the family doctor.

We give the the FCT Police Command Gender Department incharge of this matter the notice to produce the Statement of Lois Bung admitting that she administered the said drug to Keren-Happuch Akpagher.

The plaintiff states that the defendants ordered that dexamethasone be given to her daughter for sinister reasons because her daughter complaining of redness of the eye didn’t warrant such strong steroids like dexamethasone. The defendants knew that such medication would increase her daughter’s blood sugar levels and weaken her immunity which could lead to hyperglycemia. The defendants never gave her the medical records of her daughter even till date.

The plaintiff states that the condom and dead spermatozoa found in her daughter has no other indication except, rape, sexual molestation and sexual abuse of her daughter. This in combination with the high sugar and sepsis which led to her daughter’s death.

The plaintiff states that the failure of the defendants to seek consent from her who knows her daughter very well points to lack of respect and understanding of the child’s rights and of her’s as her mother.

The plaintiff states that she also handed over a transcription as well as a voice recording of her conversation with the Matron, Mrs. Grace Salami and the Head of Pastoral, Mr. Olusegun Adesanmi when they visited in the hospital on the 21st June, 2021.

The plaintiff states that the Command has not at any time intimated them of the progress of the investigation. The FCT Police command denied them of copies of the medical and autopsy reports but has released same to the school which they stated in some of their interviews in some newspapers including Eagleonline Publication of 13/09/21 and Punch Newspapers of 14/09/21. The plaintiff will rely on the said publication in the course of trial.

The plaintiff states that the acting principal of the school the 6th defendant stated in Thisday Newspaper of 9th of August 2021 that “if we had known there was a condom inside her, we would have removed it.” The plaintiff showed this piece of publication to the police, but they failed to act on it.

The plaintiff states that the FCT Command called her to the station to ask if the report they got from the school that my son told his friend who told his father I wasn’t taking good care of them was true. The police at the FCT Command also summoned the plaintiff to tell her that the school had asked them to get her daughter’s jotter, phone and bible from her because they think she might have written something in it – which she refused to submit.

The plaintiff states that because of the circumstances ad clinical evidences surrounding her daughter’s death she is convinced that all the defendants were aware, connived , concealed, aided in putting her daughter in the hands of men who sexually molest children on the premises of the 1st defendant.

The plaintiff states that her daughter has been in the 1st Defendant’s (the school) for over 3 years and has religiously been taking her injections without any problem. She has never been admitted in the hospital for one day and it is obvious its because of what the clinical test revealed and found in her as a result of sexual abuse and rape which happened under the supervision and care of the Defendants that led to her death.

The plaintiff states that the dead spermatozoa found in her daughter’s urine and the foreign body which she believes to be condom was inside her daughter prior to the 19th day of June 2021 when she picked her up from school. The plaintiff concludes that her daughter was going through trauma before and after she picked her up from the school on the 19th day of June 2021.

The plaintiff states that the dead spermatozoa belongs to a male who lives and/or works in the premises of the 1st to the 6th defendants. The dead spermatozoa means that her daufghter was raped and sexually abused prior to her coming home on the 19th of June 2021. The plaintiff will prove this in the course of trial through the witness of expert medical doctors.

The plaintiff states that at her sober moment she recalls the events that transpired within the four days her daughter fell sick that led to her death, why her daughter cried and begged to be taken home, was extremely sad the day the matron refused her leaving with her, and now understand why the school authorities prevented her from accessing her daughter earlier than when she finally did was all to cover up the trauma her daughter was going through in the hands of her abusers and molesters in the 1st defendant premises.

The plaintiff states that she has raised alarm on all quarters concerning the grave danger children are going through at the 1st defendant and some Civil Society Organisations have joined her to call for thorough investigation into the activities of the school that led to her daughter’s death.

The plaintiff states that within the past months after her daughter’s death some parents and students reached out to her confessing that some of their children were also sexually molested, abused and sodomized by male teachers of the 1st defendant. We will rely on the voice notes of one of the former student of Premiere Academy testifying to how she was sexually abused as a 13-year-old in the school and declaring that there were a number of men who molest children in the school. This voice note was given to the police, but they failed to act on it.

The plaintiff states that a letter of indefinite suspension issued to a former PHE teacher Mr. Onitilo K.K for sexually molesting a student who was never handed over to the police but released into the society by the defendants will be relied on in the course of trial.

The Plaintiff states that the defendants owed her daughter the duty of care and protection of which they failed woefully which eventually caused the death of her daughter. The defendants were negligent and breached that duty by failing to meet with their obligations, which has put her daughter in harm’s way.

The plaintiff states that her daughter was only 14 years old, a child, a minor whose care and protection was solely the responsibilities of the defendants because she was in the boarding facilities of the Defendants where she was raped, molested on several occasions which led to her death.

The plaintiff states that the person who molested, abused, raped and killed her daughter is well known to the defendants but they have decided to shield the person for reasons best known to them and for reasons they are all benefiting from.

The plaintiff states that she has asked the police to request from the defendants the CCTV footages of 15th and 16th June 2021 because she knows the said footages will reveal the identity of those who raped her daughter. The defendants have a huge secret to hide and that is why they refused to release the said footages.

The plaintiff states that the 7th defendant admitted that her daughter never came for her tests/injections on the 16th day of June 2021, the same day she was reported as not being able to walk to school without assistance for her test.

The plaintiff states that if the defendants were not benefitting from it they have no reason not to fish out the perpetrator and punish accordingly. They have obstructed investigation, connived with the law enforcement authorities to cover up the case.

The plaintiffs states that the defendants are using the police to harass and intimidate her and the civil society coalition spokes person Lemmy Ugegbe who has been on the front burner of this tragedy to make the police and the defendants to do the right thing by taking responsibility and bringing the pepertrators to book.

The plaintiff states that the school has written a petition against Mr. Lemmy Ughegbe and herself to the Inspector- General of Police citing Defamation and Provocation of Premiere Academy the defendants. They have been invited by the police on several occasions to intimidate them from putting media pressure to make the defendants to do the right thing. On the 16th day of February 2022, the police invitated Mr. Lemmy Ughebe again on the account of the defendants in other to shut him up , pressing thrumped up charges against him and the whole idea is to let backdown in supporting justice of this case.

The plaintiff states that she has written to the National Assembly for justie to be done and Hon. Mark Gbillah raised a motion (on Keren’s death) which was passed on the floor of the house on 7/12/21. The house has also resolved to constitute a panel that will address the issue via a public hearing when they resume in 2022. They have also directed that the IG should direct a DNA profiling of all the male staff that had worked in the school around the time of the incidence to match against the DNA that would be established from the foreign body taken out of her daughter.

The plaintiff states that they are afraid that they will continue to be intimidated even after this case as the defendants are influential and can use the police in their favour.

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Mambilla Update: Agunloye heads to Appel Court over ruling fundamental rights

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Justice Obiora Egwuatu at the Federal High Court in Abuja has dismissed a Suit filed by Agunloye in June 2023 to restrain EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project

The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained him, maltreated him in detention.
The antigraft agency also arraigned him before another court and remanded him in prison until the court granted him bail.

The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.

Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”

It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.

With the Agunloye heading to
appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.

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Oyowoli Vs Delta Governor: Court fixes March 27th to hear preliminary objection

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High Court 2 in Asaba, Delta State, Presided over by Justice G. Brikinns Okolosi, has slated March 27, 2024, to rule on preliminary objection for extension of time, raised by Counsels to two defendants in the case instituted by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, Delta State Governor, Hon Sheriff Francis Orohwedor Oborevwori and 23 others.

The Court took the position at its proceedings on Monday.

Prince Oyowoli Emiko, in a suit
had dragged Prince Utienyioritsetsola Emiko, Pa Akoma Dudun (The Olare-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) Chief Ayirimi Emami (the Ologbotsere of Warri Kingdom/member of the Olu Advisory Council) Prince Emmanuel Okotie-Eboh (The Olori-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) The Governor of Delta State, The Attorney General of Delta State and Chief Johnson Atseleghe (the Iyatsere of Warri/member of the Olu Advisory Council) and 18 others to the court in Asaba as defendants
He is praying the court to declare him as the rightful heir to the throne of Warri Kingdom, following the transition of the then Olu of Warri, Ogiame Ikenwoli.
The stool had since been occupied by His Majesty, Ogiame Atuwatse III.
At the Court proceedings, Counsels to some of the defendants in the suit had challenged the jurisdiction of court to entertain the matter and sought for preliminary objection for extension of time.
Findings revealed that at the last
adjourned date, the court made an order, setting down the preliminary objection for hearing and subsequently gave defense Counsels seeking the preliminary objection, two weeks to file in the objection.
At the resumed hearing on Monday, Chief Emmanuel Uti, who is counsel to Chief Ayirimi Emami, opposed the application brought by Barrister Orhiaki and Chief Robinson Ariyo, on the ground that a new law that is called Administration of Civil Justice Law of Delta State 2022.
The law provides that if a preliminary objection is to be filed, it should be done within 30 days upon being served with the statement of claim.

Chief Robinson Ariyo argued that the court lacks jurisdiction to entertain the matter, which according to him has been discontinued by the claimant.

Chief Emmanuel Uti, however argued that since the preliminary objection wasn’t filed, within the aforesaid time, the court can as well hear the matter on merit and decide at the end of the day, that both the preliminary objection and the substantive matter should be heard on merit.

Speaking to newsmen shortly after the court proceedings, Chief Emami, the erstwhile Prime Minister of the Warri Kingdom likened his role in the case to that of an electrical umpire like the INEC (Independent National Electoral Commission) which according to him, is to supervise the electoral process for the emergence and crowning of Olu of Warri Kingdom.

When asked about the presence of some persons who wore branded T-shirts to the court premises, Chief Emami, explained that “their action was occasioned by happenings in Warri kingdom, especially because I stand for truth and fairness as it relates to the succession controversy in Warri Kingdom.”
Spokesperson of the Ologbotsere Descendants Worldwide, Mr. Alex Eyengho and other supporters of Chief Emami, were in the court premises to show solidarity .

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Tension in 7 States as Supreme Court delivers judgements on Friday

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Apprehension has gripped Seven States, as the Nigerian Apex Court has hinted it will deliver judgements in seven governorship appeals on Friday, January 12, 2024, beginning from 9am.

The states includes Lagos, Kano, Zamfara, Plateau, Ebonyi, Bauchi and Cross River.

Sanwo-Olu VS GRV, Jandor
The Appeal Court in Lagos in November affirmed the judgment of the tribunal, confirming the return of Babajide Sanwo-Olu and Obafemi Hamzat as the Governor and Deputy Governor of Lagos state.

The justices of the court of appeal in a unanimous decision dismissed the appeal of the Peoples Democratic Party (PDP) and the Labour Party (LP) for lack of merit.

In March, INEC declared Sanwo-Olu as the winner of the Lagos governorship election.

Sanwo-Olu polled 762,134 votes to defeat his close challenger, LP’s Gbadebo Rhodes-Vivour also known as GRV, who scored 312,329 votes. PDP’s Abdulazeez Adediran popular as Jandor came a distant third with 62,449 votes.

Not satisfied, the LP and PDP candidates approached the Lagos State Election Petitions Tribunal to nullify Sanwo-Olu’s victory.

In its ruling on September 25, the tribunal dismissed Adediran and Rhodes-Vivour’s suit seeking to nullify the victory of Sanwo-Olu at the poll.

Displeased with the verdict, the duo approached the appellate court but the higher court dismissed their suits. Both men subsequently approached the apex court which is expected to deliver a judgement on Friday.

Nwifuru VS Odii
The Supreme Court had on Tuesday reserved judgement in the Ebonyi State governorship election appeal.

Last November, the Court of Appeal in Lagos had affirmed the election of APC’s Fran­cis Nwifuru as the duly elected governor of Ebonyi State in the March 18 governorship election.

The three-member panel presided over by Justice Jummai Sankey, in its unanimous decision, dismissed the appeal filed by PDP’s Chukwuma Odii and upheld the earlier verdict of the tribunal but the PDP candidate approached the apex court to seek redress

Yusuf VS Gawuna
Late December, the apex court reserved judgement in the appeal filed by the Kano State Governor, Abba Yusuf, challenging the verdict of the Court of Appeal and the State Election Petitions Tribunal, which removed him from office.

The five-member panel led by Justice John Okoro reserved the judgement after the parties adopted their brief of arguments.

In September, the tribunal nullified the victory of Yusuf, the candidate of the New Nigeria’s Peoples Party (NNPP) in the March 18 governorship election.

The tribunal also affirmed Nasiru Gawuna of the All Progressives Congress (APC) as the duly elected governor of Kano.

On November 13, the Court of Appeal upheld the verdict of the tribunal. In its ruling, the Appeal Court agreed with the judgement of the tribunal, ruling that the fielding of Abba Yusuf was in breach of the Electoral Law as he was not qualified to contest that election. But the governor proceeded to the Supreme Court to seek redress.

Lawal VS Matawalle
Last November, the Appeal Court nullified the election of Zamfara State Governor Dauda Lawal.

Lawal, of the main opposition PDP, was declared the winner of the March 18 governorship election. In a shocking victory that dislodged then-incumbent Bello Matawalle of the All Progressives Congress (APC), he polled a total of 377,726 votes. Matawalle scored 311,976 votes.

The PDP candidate, now serving as the Minister of State for Defence, had accused INEC of subverting his victory at the poll by failing to include the results of some ward areas.

In an earlier ruling on September 18, the Zamfara Election Petitions Tribunal held that the petition was devoid of merit. While upholding Lawal’s victory, the tribunal awarded the N500,000 fine against the petitioners.

An unsatisfied Matawalle, as observers expected, took the matter to the Court of Appeal in Abuja, to challenge the decision of the lower court.

Respite came for Matawalle on Thursday as the three-member panel led by Justice Oyebisi Folayemi, nullified the return of Governor Lawal as the winner of the governorship poll.

Justice Sybil Nwaka ordered INEC to conduct a fresh election in three local government areas of the state, where elections had not been held previously or where results from various polling units were not counted.

But the governor proceeded to the apex court to seek redress.

Mohammed VS Abubakar
Also in November, the appellate court affirmed the victory of Governor Bala Mohammed of Bauchi State in the March 18 governorship election.

The appeal was filed by the All Progressives Congress (APC) governorship candidate, Sadique Abubakar, following the tribunal judgment upholding Mohammed’s victory.

The panel of three justices were unanimous, awarding no cost as the court ruled that each party to the matter should bear their costs.

The presiding judge, Justice Chidi Nwaoma Uwa, read the judgment in the order of the appellant’s plea before the appeal court.

On plea number one, the appellant pleaded that the election be nullified because the forms and booklets used in the election were not properly filled. The court ruled that the appellant failed to prove this allegation with the needed evidence.
Mutfwang VS Goshwe
On January 9, 2024, the Supreme Court reserved judgement in the appeal filed by the Governor of Plateau State, Caleb Mutfwang, seeking to overturn the verdict of the Court of Appeal which nullified his election.

A five-member panel of justices led by Justice John Okoro reserved judgement after hearing arguments from parties for and against the appeal.

The governor through his counsel, Kanu Agabi, prayed the court to uphold the judgement of the Tribunal and set aside the judgment of the appellate court because the respondents have no right to question how a party elects its state executives.

He said the respondents (Nentawe Goshwe and the All Progressives Congress) can not plead that the governor did not score the number of lawful votes ascribed to him at the same time say the election was invalid.

In November, the Appeal Court in Abuja sacked Mutfwang and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Goshwe but the governor proceeded to the apex court to seek redress.

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