Justice Maha equally granted a joinder application argued by Chioma Onyenucheya-Uko on behalf of the deceased mother, Mrs. Vivien Vihimga Akphagher.
She held that the applicant had placed sufficient documents before her to justify her request to be joined in the suit.
Accordingly, she ordered that the applicant – Mrs. Akpagher be joined as the 3rd defendant and directed counsel to the plaintiff (Premiere Academy), Eyitato Fatogun (SAN) to effect the joinder and serve all process in the suit on her.
Recall that on June 22, 2021, Keren, a student of Premiere Academy died after having taken ill in the boarding facilities of the school.
The circumstances leading to her death have become disputed, including allegations of lack of sufficient care against Premiere Academy in managing and escalating her medical condition and clinical status, as well as an allegation that Keren may have been subjected to sexual molestation, which conducts or aftermath may have contributed to her medical/clinical condition and eventual death.
The commission commenced an investigation by issuing a Notice of Commencement of Investigation under Sections 17, 18, 32, 33, 113, 157, and 159 of the FCCPA, to determine any infringements of the FCCPA that might have occurred concerning the duty of care owed to Keren and her family, and to ensure Premiere Academy as an institution and facility are sufficiently equipped, safe and secure to continue to render boarding or other custodial services to existing and prospective students.
Premiere Academy in response and continuation of a resistance to fully comply with the commission’s request for evidence, filed this action at the Federal High Court, seeking to restrain the commission from discharging a vital statutory responsibility to consumers.
Responding to the judgment, the Executive Vice Chairman/CEO, of FCCPC, Babatunde Irukera, in a statement at the weekend, commended the court for upholding the statutory powers of FCCPA to carry out its duties
