Inside Nigeria

Failed Surgery: Court to deliver judgment in case against Lagos surgeon Jan. 23

A Federal High Court in Lagos to delay judgment on Jan. 23, 2024 in the case of alleged failed surgery filed against a Lagos Surgeon, Dr. Anuoluwapo Adepoju.

The case was earlier scheduled for adoption of addresses, on Monday, but the court did not sit.

No counsel in the matter was in court.

It later, however, gathered by newsmen that the case had been held virtually by the court and parties had adopted their addresses.

Judgement is now fixed for Jan. 23, 2024.

The defendant is charged by the Federal Competition and Consumer Protection Commission (FCCPC).

She is standing trial alongside her Clinic, MedContour Services Ltd, on a five-count charge bordering on a refusal to honour an invitation for investigation into a post-body surgery complication, as well as production of investigation documents.

She was re-arraigned on July 17, 2020 alongside her Medical outfit, before Justice Mohammed Liman.

She had pleaded not guilty to the charges and was granted bail on self-recognition.

Justice Liman was subsequently, transferred out of the Lagos division of the court, but he still presides over the case on a fiat.

The trial has since commenced in the suit and the FCCPC had also since closed its case

The defence on its part, filed a no case submission for the defendant on grounds that no case had been established against her by prosecution, to warrant her entering a defence.

Meanwhile, Justice Liman had in a ruling delivered on April 7, 2022 rejected the no case submission by the defendant.

Justice Liman had ruled that the evidence so far tendered before the court, satisfies the elements of the criminal charges pending against the defendant.

The court had then ordered the defence to open its case.

The case however, suffered several adjournments on different dates, for various reasons.

On May 5 (this year) the defence opened its case and called the first defendant as sole witness.

The defendant was led in evidence and also cross examined after which the court adjourned the case until June 21, for adoption of written addresses.

On June 21, the court did not sit and the case was then adjourned until July 17, and again adjourned until Oct. 24 and then Nov. 20 (today)

Meanwhile, adoption of addresses which was scheduled for today (Nov.20) have now been held virtually and judgement fixed for Jan. 23, 2024.

In the five-count charge brought against the defendants, the prosecution alleged that, the first defendant failed to appear before the FCCPC concerning investigation into a reported failed plastic surgery.

The defendant was alleged to have failed to show up, in compliance with the commission’s summons dated April 15, 2020.

The prosecution also alleged that without sufficient cause, the first defendant also refused and failed to produce documents which she was required to produce in compliance with the commission’s notice of investigation dated April 14.2020.

The defendant was alleged to have prevented and obstructed the commission from carrying out its investigation into the said issue.

The offence, the state said contravenes the provision of sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.

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