Hearing in the case against Premiere Academy, Lugbe over alleged failure to care for 14 year old Keren-Happuch Akpagher which led to her alleged rape and death was stalled on Thursday in an Abuja High Court.
The 14-year-old girl died on June 22, 2021 after she allegedly contracted sepsis caused by condom left inside her private part 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, Vivien filed a – 10 Billion naira suit against the school.
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 in the spelling of the defendant’s name.
But when the matter came up 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, said when the judge resumes next Monday a new date for hearing will be communicated to the parties.
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 for a declaration that the negligence of the defendants caused the her daughter’s death on June 22, 2021
She also sought for 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
She 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 her daughter.
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 inspite of her demand that the police retrieve CCTV footages of June 15 and June 16, 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.
Uzoma Anaeto and Barrister Chioma Onyenucheya -Uko are counsel for the plaintiff (Mrs Akpagher), while Chief Adegboyega Awomolo (SAN) Chief Mrs Victoria Awomolo (SAN) and Eyitayo Fatogun (SAN) and other counsel lead the defence for Premiere Academy. (NAN)
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