Determined to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating it for service failure, which allegedly led to the rape and death of its 14-year-old boarding students, Miss Karen Aondodoo Akpagher, Premiere Academy, Lugbe, Abuja has urged the Court of Appeal, Abuja Division to stop the probe until its appeal is determined.
Premiere Academy, Lugbe, Abuja had made an earlier attempt to stop FCCPC from investigating it for failure of service to Karen, which allegedly led to her rape and eventual death by filing a suit before the Federal High Court, Abuja Division, praying it to restrain the consumer protection agency on the claim that it wanted to usurp the investigative powers of the police.
But, in her judgement, Justice Evelyn Maha dismissed Premiere Academy’s suit “for being frivolous and lacking in merit” because according to her, it is within the powers of FCCPC to investigate disputes arising from alleged service failure as provided by the commission’s enabling act.
Dissatisfied with the judgment, Premiere Academy has approached the Court of Appeal, Abuja Division, seeking to upturn the decision of the lower court, which paved the way for FCCPC to investigate the school for service failure, that allegedly led to the rape and death of Karen.
Premiere Academy in its notice of appeal is asking the Court of Appeal for an order to restrain FCCPC from commencing its investigation until the outcome of its appeal.
In one of its nine grounds of appeal, Premiere Academy argued that “in the event that this appeal succeeds after the execution of the said judgment (of the Federal High Court) by the respondent (FCCPC), the appellant/ applicant (Premiere Academy) will be in a precarious and unfavourable situation.”
Although FCCPC (1st respondent) and the 3rd Respondent (mother of the late 14-year-old, Mrs. Vivien Akpagher) are yet to file their counter application, the latter told reporters all she wants is for the truth to be unraveled concerning the rape and death of her daughter.
“How would investigating and finding out what happened to my daughter injure Premiere Academy? Except they have something to hide, I would expect that the reasonable thing to do is for everyone to cooperate with FCCPC to uncover the truth. All I seek is closure and healing and except the truth is uncovered that cannot happen”, Mrs. Akpagher stated.
No date has been fixed for hearing of the appeal.
Credits: The Conclave
