A Federal High Court in Lagos on Tuesday, further adjourned until Nov. 20, for the adoption of written addresses, in the trial of a surgeon Anuoluwapo Adepoju, charged with alleged evasion from investigation into a failed plastic surgery.
The case which was scheduled for adoption of addresses on Tuesday, did not go on as earlier scheduled
The case has consequently, been adjourned until a new date of Nov. 20.
Dr Anuoluwapo Adepoju is charged by the Federal Competition and Consumers Protection Commission (FCCPC).
She is standing trial alongside her Clinic, MedContour Services Ltd, on a five-counts charge bordering on a refusal to honour an invitation for investigation into a post-body surgery complications, 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 recognizance.
Justice Liman was subsequently, transfered out of the Lagos division of the court, but he still presides over the case on a fiat.
Trial has since commenced in the suit and the FCCPC had also since closed its case
The prosecuting counsel for the FCCPC, Babatunde Irukera, told the court that it was a criminal offence for an industrial player to shun a summons by the commission, adding that the offence carries either a prison term or fine or both.
Irukera said Adepoju contravened sections 33(3)(a) and 113(4)(a) of the FCCPC Act 2018 and was liable to be punished under sections 33(3) and 113(1) of the same Act, among others.
In a six-paragraph affidavit of completion of investigation attached to the charge sheet, the commission said it received complaints against Adepoju from one Marlene Oluwakemi, Taiwo Temilade and Vivian Onwuzuligbo that the surgeon’s services “are unsafe for consumers,” and that she made “false, misleading and deceptive representation in relation to the marketing of their services.”
It said, “In particular, the above-mentioned Vivian Onwuzuligbo, a member of the Mrs Nnneka Miriam Barbara Onwuzuligbo (now deceased) alleged that the deceased died as a result of the failed defendants’ cosmetic surgery and she is privy to the events that led to the demise of the deceased.”
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 evidences 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 untill Oct. 24 (today).
Hearing will now resume on the new date Nov. 20.
In the five-counts charge brought against the defendants, the prosecution alleged that, the first defendant failed to appear before the FCCPC in relation to 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 offences contravenes the provision of sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the
