The Federal High Court, Abuja on Tuesday dismissed an application by the management of Premiere Academy, Lugbe, Abuja that sought to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from investigating the circumstances of the death of one of its students following the alleged rape scandal.
On June 21, 2021, a 14-year-old senior secondary (SSS 1) student of the institution, died in circumstances that stirred controversy and public concern, including an alleged lack of sufficient care by Premiere Academy in managing and escalating her medical condition and clinical status.
The controversy became complicated following the allegation that Keren may have been subjected to sexual molestation which may have contributed to her medical/clinical condition and eventual death.
Although reports by some civil society and child rights groups alleged the student died as a result of complications from alleged serial rape, the school authorities blamed the sad situation on suspected mismanagement of her delicate health condition.
The school authorities said the autopsy examination report by authorities of the Nigeria Police confirmed the late student died of complications from Type 1 diabetes mellitus, a medical condition that required insulin injection twice daily and regular monitoring of her blood sugar for her to survive.
The school said the autopsy was conducted by the Nigeria Police-appointed consultant pathologist, Dr Desmond Ike Okonkwo, the principal pathologist at the Maitama General Hospital, Abuja to ascertain the real cause of her death.
Despite the claims and counter-claims by both civil society and Premiere Academy, the FCCPC sought to conduct an investigation into the scandal from the perspective of a range of inherent consumer protection issues triggered by the unfortunate death of the student.
The Commission’s application was filed pursuant to the provisions of Sections 1(c), 2, 3, 17(e), 18, 32, 33, 104, 164, and 133(2) of the Federal Competition and Consumer Protection Act, 2018.
Specifically, the Commission was determined to investigate whether there was any act of negligence or failure(s) by the school management in the duty of care it owed the student as a consumer of the services it provided, which may have contributed to her death.
But the school had filed Suit No: FHC/ABJ/CS/26/2022 – “Premiere Academy Limited
(Premiere) v Federal Competition and Consumer Protection Commission (Commission) and 2 Ors.” which sought to restrain the Commission from conducting the investigation.
In its application, Premiere Academy argued that the police investigation of conduct in the scandal was necessarily preemptive of any other regulatory investigation of the same conduct from the standpoint of consumer rights.
However, in his ruling on the application, Justice N. E. Maha dismissed the argument by Premiere Academy and upheld the inherent powers, jurisdiction, and mandate of the Commission under the Federal Competition and Consumer Protection Act, 2018 (FCCPA) to investigate the matter irrespective of whether other components (such as criminal) of the legal process was implicated by the conduct that was subject of consumer dissatisfaction.
Specifically, the Court dismissed Premiere Academy’s argument that the police investigation of conduct was necessarily preemptive of a regulatory investigation of the same conduct from the standpoint of consumer rights.
The Court rejected Premiere Academy’s argument that a criminal investigation into an allegation of rape or molestation of a student while under its care constituted a bar and prevents the Commission from investigating any failure(s) in the duty of care owed to a student as a consumer of services provided by the school.
Pursuant to Sections 17, 18, 32, 33, 113, 157, and 159 of the FCCPA, the Commission said its investigation commenced with the issuance of a Notice of Commencement of Investigation to determine any infringements of the FCCPA that may have occurred with respect to the duty of care owed to late Keren and her family.
The Commission said the investigation was to ensure that Premiere Academy as an institution and facility was sufficiently equipped, safe and secure to continue to render boarding or other custodial services to existing and prospective students.
In its response and continuation of resistance to fully comply with the Commission’s request for evidence, the Commission said Premiere Academy filed an application at the Federal High Court seeking to restrain the Commission from discharging a vital statutory responsibility to consumers.
But in dismissing the application, the court described the action by Premiere Academy as “frivolous and lacking in merit”.
In its reaction, the FCCPC described the court ruling affirming its responsibility and powers to investigate occurrences in the circumstances as a clear and unequivocal decision.
The Commission said the ruling was not only consistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Nigeria Police Act, 2020, it was a further demonstration, strengthening, and institutionalization of an important national priority and constitutional imperative which is consumer protection and holding service providers accountable to their customers or persons/entities who act on their behalf.
The Commission said the court’s further declaration that “courts lack powers to stop a statutory body from carrying out its duties as doing that will negate the doctrine of separation of powers” was a timely emphasis that was crucial for an accountability framework.
The ruling, it pointed out, would promote and ensure the appropriate duty and standard of care that businesses and service providers must embrace in delivering what they sell or provide to consumers and their interactions with Regulators.
Executive Vice Chairman/CEO of FCCPC, Babatunde Irukera, who welcomed the court ruling, described it as well-thought-out while commending the same to Premiere Academy, other institutions, and undertakings that provide goods or services to consumers.
“In the absence of any legitimate or legal restraint in the circumstances, the Commission will accordingly and assiduously progress this long pending and outstanding investigation; and invites Premiere Academy to recognize and comply with its obligations under the law,” Irukera said.