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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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EFCC boss, Ola Olukoyede in trouble over Bello

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**Kogi Court ordered his appearance for alleged contempt

The Chairman of the Economic and Financial Crimes Commission(EFCC) Ola Olukoyede, may have drawn the ire of the State High Court in Lokoja as he has been ordered to appear before the court on May 13, 2024, to show reason why an order of committal should not be made against him for allegedly disobeying court order.

The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion.

Justice I. A. Jamil, gave the order while delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, when he indicated that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. The Judge avered that same act of the Respondent amounts to Contempt.

EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion.

Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.

Upon listened to the arguments of the Applicant’s counsel, the submission and exhibits attached in the Written Address, Justice Jamil granted Yahaya Bello’s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.

Delivering his order on the motion on April 25, 2024, Justice Jamil said, “The applicant’s application before me is to the effect that the Respondent has carried out some acts upon which they have been restrained by this Court on the 9th of February, 2024, pending the determination of the substantive motion on Notice before this Court.

“That the said act was carried out by the Respondent in violation of the order which was valid and subsisting when they carried out those acts. That same acts of the Respondent amounts to acts of contempt.

“That the Respondent should be summoned to appear before this Court to answer to the contempt charge.

“It’s against the above facts that this Court hereby grants the prayers sought in line with the principle of “Audi Ultra Patem”. To wit:

“An order of this Honourable Court for the issuance of Form 49 Notice to show cause why order of committal should not be made against the Executive Chairman of the Respondent – Economic and Financial Crimes Commission (EFCC).

“An order for service of Form 49-Notice to show why order of committal should not be made on the Executive Chairman of the Respondent – Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja.

“This matter is adjourned to the 13th of May, 2024 for the Respondent’s Chairman to appear before this Court in answer to form 49 ordered to be served on him.

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Mambilla: I commited no financial crime, EFCC cannot prosecute me

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While I was minister, I did not commit any financial crime, a former Minister of Power and Steel, Olu Agunloye has told a Federal high court sitting in Abuja

Agunloye stated this before the court presided over by Justice Jude Onwuegbuzie on Tuesday, April 22, 2024.

He explained to the court that the
EFCC cannot prosecute him on the Mambilla power project, which is now subject of ongoing international arbitration in France between Sunrise Power and Transmission Company Limited and the Federal Government of Nigeria.

The Mambilla project was initially awarded to Messrs Sunrise by Dr Agunloye as a Build Operate and Transfer (BOT) contract at zero cost to the FGN when he was a Minister in May 2003.

However, between June 2003, when Agunloye ceased to be a Minister, and October 2022, multiple complex developments between Messrs Sunrise and the FGN have led the parties to an International Arbitration at which Messrs Sunrise submitted claims for breach of agreements and damages against Nigeria and for which FGN filed a Statement of Defence and consequently to corroborate its Defence at the Arbitration, the FGN proceeded to charge Agunloye with criminal offences for the award of the 2003 BOT contract to Sunrise.

The Agunloye trial sat again on Monday, 22 April 2024 for hearing of the defendant’s pending motion on notice challenging the jurisdiction of EFCC to investigate and prosecute the extant charge before the court considering the Supreme Court decision in NWOBIKE v. FRN (2021).

At the court, Agunloye and EFCC joined issues on the Preliminary Objection raised by Agunloye who had filed that the EFCC is not competent to try him because (a) he has not committed any financial crimes, (b) that the seven charges raised by EFCC against him are not covered by the EFCC Act and (c) that his prosecution by EFCC was not supported by a valid and legal Fiat.

In respect of the Preliminary Objection, the Defence Counsel gave sketch idea on the motion by referring the court to the EFCC Act, more particularly Sections 7(1) and (2) which mandate the EFCC to cause investigations into offences under the act relating to economic and financial crimes, and or serve as the coordinating agency for the enforcement of the Money Laundering Act, the Advance Fee Fraud and other Related Offences Act, the Failed Bank (Recovery of Debt and Financial Malpractices in Banks) Act, the Banks and Other Financial Institutions Act, the Miscellaneous Offences Act, and any other law or regulations relating to economic and financial crimes.

The Defence Counsel placed emphasis on section 7(2) (f) EFCC Act which says that the EFCC shall enforce or prosecute any other law or regulation relating to economic and financial crime only.

Defence Counsel argued that the offences in the charges against Agunloye have no nexus whether proximately or remotely to economic and financial crimes.

“The charges, for instance, of forgery of a letter written and signed by Agunloye as a serving Minister can be taken by police or ICPC,” he said.

The Counsel cited that in the case of Nwobike v. FRN, the Supreme Court had delimited the powers of EFCC that they can only investigate and prosecute economic and financial crimes.

The defence lawyers also argued that EFCC did not obtain a lawful or valid fiat from the Attorney General of the Federation to prosecute Agunloye.

The lawyers argued that the criminal charges filed by EFCC against Agunloye on September 7, 2023 were done with a fiat issued by the Solicitor General when there was a substantive Attorney General of the Federation on seat.

However, the leading counsel for EFCC placed heavy reliance on the fiat issued by the Solicitor General , insisting that it was same as from the office of the Attorney General of the Federation which was then being manned by the office of the Solicitor General in an acting capacity at the time of issue of the Fiat in August 2023.

The defence lawyers quickly countered the EFCC’s argument and referred the court to Section 174 of the Constitution of Nigeria which stipulates that only the Attorney General of Federation has the power to issue a fiat for the prosecution of a charge, not the Solicitor General or any other law officer.

The defence further argued that the failure of the sitting Attorney General of the Federation, as of 7 September 2023 when the case was filed at the FCT High Court, to ratify the fiat issued by the Solicitor General in August 2023, or reissue a new fiat simply invalidates the purported fiat upon which EFCC relies to investigate and prosecute charges against Agunloye.

Agunloye’s lawyers urged the court to note that the argument of EFCC that it could prosecute under the ICPC Act was not expressly mentioned in the EFCC Act or anywhere else.

Agunloye’s lawyers on relying on the purposive rule of construction, intention of legislative drafting, insisted that if the draftsmen of EFCC Act had contemplated that EFCC could or would prosecute under the ICPC Act, it would have listed the ICPC Act expressly under sub 7(2) of the EFCC Act being a latter legislation but it did not, which means it was not contemplated.

“And therefore, EFCC must be delimited and circumscribed to economic and financial crimes as is stipulated in its Enabling Act of 2004 and upheld by the Supreme Court in 2021,” they argued.

The defence lawyers pointed out that the EFCC’s reference to the case of AUDU v. FRN (2018), a Court of Appeal decision relied upon by the prosecution in their written address is not applicable because the argument in the case AUDU v. FRN (2018) does not imply that EFCC could prosecute under ICPC Act or any other law, but that it must be circumscribed to economic and financial crimes.

“The applicability of the decision in Audu v. FRN has no bearing to the defendant’s case because the offences charged before this court are not economic and financial crimes,” they further submitted.

The defence counsel pointed out that, even if EFCC can prosecute under the ICPC Act, it must be strictly with respect to economic and financial crimes.

The defence lawyers further referred the Court to the case of YAKUBU v. FRN (2009) where the Court of Appeal held that cases on alleged corruption must be investigated by the ICPC, and where such corruption by a public officer extends to breach a financial regulation or legislation by such a public officer, the ICPC shall have the authority to prosecute same.

In adumbration of its position, Agunloye’s defence lawyers drew the attention of the court to the principles of judicial precedent and stare decisis, which postulates that decisions of superior courts in the system are binding and urged the court to note that a 2018 decision of the Court of Appeal cannot supersede or override a 2021 decision of the Supreme Court in the case of NWOBIKE v. FRN which specifically delimited the powers of EFCC to investigation and prosecution of financial and economic crimes to back the argument on EFCC’s incompetence to investigate and try Agunloye.

The judge, Justice Jude Onwuegbuzie, adjourned the trial to 15 May , 2024 to give his ruling on the Preliminary Objection as well as consider, depending on how the ruling goes, the hearing of Agunloye’s Application on EFCC’s tampering with his sureties with intention to arm-twist them to withdraw their sureties

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UPPP urges President Tinubu to caution EFCC against Abuse of Power

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By Friday Idachaba, Lokoja

United Progressive Political Parties (UPPP), a political pressure group, has called on President Bola Ahmed Tinubu to caution those saddled with the responsibility of enforcing the law to do so with diligence to avoid undermining the Rule Of Law.

Spokesman of the group, Hon. Ibrahim Itodo, made the call at a press conference on Wednesday in Lokoja, Kogi state.

Itodo decried the actions of Inspector General of Police (IGP), the Attorney General of the Federation, EFCC and other security agencies declaring the former governor of Kogi state Alhaji Yahaya Bello wanted.

He said that the action was done with utmost disregard for the Rule of Law and in flagrant disobedience of the constitution that protects Nigerians fundamental human rights.

Itodo said that after a thorough investigation of the “dramatization of the EFCC” at the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Adoza Bello, it was clear that the former governor was not treated fairly.

He noted that it was clear and unambiguous that the “man who has meritoriously served Kogi state with all sense of commitment and honour” deserved to be treated better.

“This press conference should not be misconstrued as supporting corruption but to call on all those saddled with the responsibilities of enforcing law and order to apply due diligence in administering the rule by following due process.

“It is quite provoking and uneasy to fathom why former Governor Yahaya Adoza Bello should be declared wanted with impunity even when he’s been protected by lawful security aides sent by the IGP, and also restricted from being arrested and intimidated by a High Court of Justice in Kogi State.

“We advise that, Alhaji Yahaya Adoza Bello’s name be removed from the wanted list because it was done with impunity and flagrant disobedient of the law” the group said.

The UPPP therefore urged the Minister of Justice and the Anthony General of Federation, as well as the Inspector General of Police who are the custodians of the Law to do so discreetly to curtail the infringement on the fundamental human rights of the former governor. (Ends)

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