Adepoju, Lagos surgeon, arraigned over failed plastic surgery

Adepoju, Lagos surgeon, arraigned over failed plastic surgery

By Dapo Falade

A Lagos State-based female surgeon, Dr Anuoluwapo Adepoju, was, on Friday, arraigned before a Federal High Court in the state for alleged evasion from investigation on her involvement in a failed plastic surgery.

The defendant, standing trial before Justice Mohammed Liman, was charged alongside her clinic, Med Contour Services Ltd, on a five-count charge bordering on a refusal to honour an invitation for investigation.

As recalled by the News Agency of Nigeria (NAN), the Federal Competition and Consumer Protection Commission (FCCPC) had, last April, sealed the second defendant (MedContour), a plastic surgery hospital, over suspicions of illegal activities.

The commission had also disclosed on its official Twitter handle that it has commenced an investigation into a case of failed plastic surgery allegedly performed by Dr Adepoju of MedContour.

The prosecution, in a five-count charge against the defendants on Friday, alleged that, without sufficient cause, the first defendant failed to appear before the FCCPC in compliance with the commission’s summons, dated April 15, 2020.

It also alleged that, without sufficient cause, the first defendant refused to comply with the commission’s Notice of Investigation, dated April 14, 2020, which required her to produce some documents to aid the investigation.

She was further alleged to have prevented and obstructed the commission from carrying out its investigation into the issue of failed plastic surgery.

The five offences, the prosecution stated, were in contradiction of the provisions of Sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.

The defendant, however, pleaded not guilty to all counts, following which her defence counsel, Mrs Maria Jonnes, informed the court of a preliminary objection challenging the charge.

She argued that the law setting up the FCCPC does not empower the court to entertain the case filed by the commission, adding that the defence had already filed a pending suit before a brother judge, Justice C. Aneke, challenging the Act 2018 of the commission.

Responding, the prosecutor, the Director General of the FCCPC, Mr Babatunde Irukera, argued that there was no legal basis for the preliminary objection raised by the defence counsel.

He said the matter before the court was not on the issue of violation, and so, there was nothing in the preliminary objection that can stand, adding therefore that the objection that the court lacked jurisdiction to hear the case was misinformed.

After listening to submission of parties, Justice Liman upheld the submission of the prosecution and held that the criminal jurisdiction of the Federal High Court was activated by the provisions of Sections 251(f) of the Constitution.

The court held that Sub-section 1(f) of the section, included organisations like the Consumer Protection Council (CPC) as well as the Standard Organisation of Nigeria (SON).

The court consequently, over ruled the preliminary objection of defence, even as the trial judge however granted the defendant bail on self recognisance and adjourned the case until Friday, next week, for trial.