Court Affirms FCCPC Duties, Powers of Investigation

Wale Igbintade

A Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate a broad range of consumer protection issues irrespective of whether other components (such as criminal) of the legal process are implicated by the conduct that is subject of consumer dissatisfaction.

The court dismissed the suit filed by Premiere Academy, Lugbe, seeking to stop the FCCPC from investigating the circumstances, which led to the rape and death of a 14-year-old Keren-Happuch Aondodoo Akpagher.

Justice Evelyn Maha in her judgment, dismissed the suit for being frivolous and lacking in merit.

The judge said: “Having gone through the relevant provisions of the Police Act as well as the 1999 Constitution, there is nowhere the FCCPC is barred from discharging its statutory functions.”

Beyond that, Justice Maha added that “the court lacks powers to stop a statutory body from carrying out its duties as doing that will negate the doctrine of separation of powers.”

“The plaintiff, (Premiere Academy) is not entitled to the reliefs sought. The defendants acted within the statutory powers provided by the Act establishing it.
“The first defendant, (FCCPC) acted within its rights. The plaintiff is not entitled to the reliefs sought and the case of the plaintiff is frivolous and lacking in merit and accordingly dismissed,” the judge held.

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

“The clear unequivocal decision of the court in characterising the suit by Premiere as ‘frivolous and lacking in merit’; as well as judicially affirming the responsibility and powers of the commission to investigate occurrences in the circumstances as not inconsistent with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Nigeria Police Act, 2020 is a further demonstration, strengthening and institutionalisation 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 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” is though a repeated judicial declaration but, a timely emphasis that is crucial for an accountability framework that promotes and ensures 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.

“The commission welcomes this well-thought-out decision and commends the Premiere, 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 to recognise and comply with its obligations under the law,” Irukera said.