Hearing into the case brought by Mrs Vivien Vihimga Akpagher against Premiere Academy, Lugbe for its alleged failure of a duty of care to her 14 year old daughter, Keren-Happuch Aondodoo Akpagher which led to her alleged rape and eventual death was stalled at an Abuja High Court.
Keren died on June 22, 2021 after she contracted sepsis caused by condom left inside her vagina by the killer-rapist, which spiked her blood sugar leading to hyperglycemia.
Vexed by this development and the lack of remorse and empathy displayed by Premiere Academy, Keren’s mother, Mrs Akpagher filed a – 10 Billion naira suit against the school at the Abuja High Court.
In its response, Premiere Academy filed a preliminary objection, asking the court to strike out her suit on technical ground based on error in the spelling of its name.
However, Jstice Chinyere Elewe Nwecheonwu refused Premiere Academy’s request to terminate the suit on mere technicality. She accordingly consented to the application of the plaintiff/ applicant’s counsel, Barrister Chioma Onyenucheya-Uko for amendment of the misnomer in the spelling of the defendant’s name.
But when the matter came up today for hearing, the court official informed lawyers and litigants that the matter would not go on because the trial judge was away attending judges’ conference.
The official, who did not disclose his name, said when the judge resumes next Monday a new date for hearing will be communicated to the parties.
Speaking on why she filed the suit against the school, where her daughter was a boarding student until her death, Mrs Akpagher said she expected “a school that is apologetic and takes responsibility for the rape and death of my 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. S
he therefore prayed the court to award to her the sum of N10 billion damages against the defendants for the breach of duty of care and negligence which led to the death of Keren-Happuch Aondodoo Akpagher.
She prayed the court for another N10million 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.
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 or deleting the said footages.U
Barrister Uzoma Anaeto and Barrister Chioma Onyenucheya -Uko are counsel for the plaintiff (Mrs Akpagher), while Chief Adegboyega Awomolo (SAN) with whom are his wife, Chief Mrs Victoria Awomolo (SAN) and Eyitayo Fatogun (SAN) and other junior counsel lead the defence of Premiere Academy.
Appeal Court Sacks Nasarawa speaker
The Court of Appeal sitting in Abuja has sacked the Speaker of the Nasarawa State House of Assembly, Hon. Ibrahim Balarabe Abdullahi, a member of the All Progressives Congress (APC).
In a judgement delivered on Tuesday, the court declared the Peoples Democratic Party (PDP) candidate, Hon. Sa’ad Abdullahi Ibrahim (Turakin-Opanda), as the rightful winner of the election for Umaisha/Ugya State Constituency.
Appeal Court affirms Hyacinth Alia’s victory as Benue Governor
The Court of Appeal, sitting in Abuja, on Monday, upheld the election of Hyacinth Alia as declared by INEC after the March 18th, 2023 election as governor of Benue State
The candidate of the Peoples Democratic Party in the March 18 governorship election, Titus Uba, had approached the appellate court to set aside the judgment of the tribunal that upheld Alia’s election.
At the tribunal, Uba accused Alia’s deputy, Samuel Ode, of presenting a forged certificate to the Independent National Electoral Commission (INEC) contrary to Section 182(1)(j) of the Federal Republic of Nigeria, 1999 (as amended)
He also alleged that Alia’s name was submitted less than 180 days before the election date, and Ode was also not submitted to INEC after the party conducted a further re-run primary election.
A three-member panel of the tribunal, headed by Justice Ibrahim Karaye, dismissed the petition on the ground that it was a pre-election matter and was statute-barred.
Ruling on the appeal on Monday, the appeal court’s three-member panel led by Justice Onyekachi Aja Otisi held that Uba failed to prove beyond reasonable doubt the allegations of forgery against Ode
As long as God remains on the throne our mandate will be preserved, says Mutfwang
Plateau Governor, Caled Mutfwang spoken with confidence that as long as God remains on the throne, the people’s mandate will be preserved and protected as he reiterated his commitment to the rule of law, while assuring the people that there is light at the end of the tunnel.
Mutfwang who was reacting to the Appeal Court judgement that sacked him on Sunday described the verdict as a temporary setback that will not deter him from repositioning the state.
“We have unwavering faith in the judiciary and the Constitution of Nigeria,” he added.
The Governor said he has instructed his legal team to file an appeal at the Supreme Court, admonishing citizens of the state and PDP supporters to remain calm.
Mutfwang gave the indication in a press statement signed by his Director of Press and Public Affairs, Gyang Bere, expressed optimism that the mandate overwhelmingly given to him by the citizens would be restored.
Mutfwang polled 525,299 votes in the March 18 governorship election in the state, while Goshwe polled 481,370 votes.
Goshwe challenged the victory of Mutfwang at the tribunal, claiming that the Governor was not validly nominated and sponsored by his Party, insisting there was non-compliance with the Electoral Act in the election.
In a unanimous decision, a three-member panel of the tribunal headed by Justice R. Irele-Ifijeh dismissed the petition for lacking in merit.
Displeased with the judgment, the APC candidate appealed the tribunal judgment.
The appellate court ruling on Sunday, led by Justice Elfrieda Williams-Dawodu, held that the PDP did not validly sponsor the Governor during the election.
She held that the Party violated a court order to conduct a valid Congress in that state’s 17 Local Government Areas.
She said there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress before sponsoring the governorship and other candidates.
The court held that the issue of qualification is both a pre-election and a post-election matter contrary to the tribunal’s findings, which held that the appellant lacked the locus to contest the validity of the respondent.
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