A Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to analyze a wide variety of patron safety troubles regardless of whether or not different components (along with criminal) of the criminal method are implicated through the behavior this is concern of patron dissatisfaction.
The courtroom docket disregarded the fit filed through Premiere Academy, Lugbe, searching for to forestall the FCCPC from investigating the occasions, which caused the rape and demise of a 14-year-antique Keren-Happuch Aondodoo Akpagher.
Justice Evelyn Maha in her judgment, disregarded the fit for being frivolous and missing in benefit.
The choose said: “Having long past via the applicable provisions of the Police Act in addition to the 1999 Constitution, there’s nowhere the FCCPC is barred from discharging its statutory functions.”
Beyond that, Justice Maha delivered that “the courtroom docket lacks powers to forestall a statutory frame from wearing out its responsibilities as doing in an effort to negate the doctrine of separation of powers.”
“The plaintiff, (Premiere Academy) isn’t always entitled to the reliefs sought. The defendants acted in the statutory powers supplied through the Act organising it.
“The first defendant, (FCCPC) acted inside its rights. The plaintiff isn’t entitled to the reliefs sought and the case of the plaintiff is frivolous and missing in benefit and thus disregarded,” the choose held.
Justice Maha similarly granted a joinder software argued through Chioma Onyenucheya-Uko on behalf of the deceased mother, Mrs. Vivien Vihimga Akphagher.
She held that the applicant had located enough files earlier than her to justify her request to be joined withinside the fit.
Accordingly, she ordered that the applicant – Mrs. Akpagher be joined because the third defendant and directed suggest to the plaintiff (Premiere Academy), Eyitato Fatogun (SAN) to impact the joinder and serve all method withinside the healthy on her.
Recall that on June 22, 2021, Keren, a pupil of Premiere Academy died after having taken sick withinside the boarding centers of the school.
The situations main to her dying have emerge as disputed, along with allegations of loss of enough care towards Premiere Academy in handling and escalating her scientific circumstance and scientific status, in addition to an allegation that Keren may also were subjected to sexual molestation, which conducts or aftermath may also have contributed to her clinical/medical circumstance and eventual loss of life.
The fee started an research through issuing a Notice of Commencement of Investigation beneathneath Sections 17, 18, 32, 33, 113, 157, and 159 of the FCCPA, to decide any infringements of the FCCPA that would have befell regarding the obligation of care owed to Keren and her family, and to make certain Premiere Academy as an group and facility are sufficiently equipped, secure and stable to keep to render boarding or different custodial offerings to current and potential students.
Premiere Academy in reaction and continuation of a resistance to absolutely observe the fee’s request for evidence, filed this motion on the Federal High Court, looking for to restrain the fee from discharging a critical statutory duty to customers.
Responding to the judgment, the Executive Vice Chairman/CEO, of FCCPC, Babatunde Irukera, in a assertion on the weekend, recounseled the courtroom docket for upholding the statutory powers of FCCPA to perform its responsibilities
“The clean unequivocal selection of the courtroom docket in characterising the fit through Premiere as ‘frivolous and missing in benefit’; in addition to judicially putting forward the duty and powers of the fee to research occurrences withinside the situations as now no longer inconsistent with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Nigeria Police Act, 2020 is a in addition demonstration, strengthening and institutionalisation of an essential countrywide precedence and constitutional imperative, that is customer safety and preserving carrier carriers responsible to their clients or persons/entities who act on their behalf.
“The courtroom docket’s similarly statement that “courts lack powers to forestall a statutory frame from sporting out its responsibilities as doing so that it will negate the doctrine of separation of powers” is aleven though a repeated judicial assertion but, a well timed emphasis this is essential for an responsibility framework that promotes and guarantees the right responsibility and popular of care that groups and provider companies should include in turning in what they promote or offer to customers and their interactions with regulators.
“The fee welcomes this well-thought-out choice and commends the Premiere, different institutions, and undertakings that offer items or offerings to clients. In the absence of any valid or criminal restraint withinside the instances, the fee will consequently and assiduously development this lengthy pending and first-rate research; and invitations Premiere to understand and follow its duties below the law,” Irukera said.
