Metro

Court reserves judgment in failed buttocks enlargement surgery trial

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1 year ago

A Federal High Court in Lagos on Tuesday reserved judgement in a suit filed against a Lagos surgeon, Anuoluwapo Adepoju.

Adepoju 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 an investigation into post-body surgery complications, as well as the production of investigation documents.

She was re-arraigned on July 17, 2020, alongside her medical outfit.

Justice Mohammed Liman had fixed Tuesday for judgement after the respective parties had adopted their final addresses in November 2023.

But the judgement was not ready on Tuesday as earlier scheduled, and the court informed parties that a new date would be communicated to them soon.

The News Agency of Nigeria (NAN) reports that the defendant is charged by the Federal Competition and Consumer Protection Commission (FCCPC).

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

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

The trial commenced in the suit, with the prosecution calling several witnesses and thereafter closing its case

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

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

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

The court had consequently ordered the defendant to open her defence.

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

On May 5, 2023, the defence began defence and called the first defendant a sole witness.

The defendant was led in evidence and also cross-examined, after which the court adjourned the case until June 21, 2023, for the adoption of written addresses.

On June 21, 2023, the court did not sit and the case was then adjourned until July 17, 2023, and again adjourned until October 24, 2023, and then November 20, 2023

On November 20, 2023, the adoption of addresses by counsel was held virtually and judgement was fixed for January 23 (today)

A new date for judgement will now be communicated to the parties.

In the five-count charge brought against the defendants, the prosecution alleged that the first defendant failed to appear before the FCCPC in relation to an investigation into a reported failed buttock enlargement 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 that 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 provisions of sections 11(1)(a), 33(1)(a), 110, 113(1)(a), and 159(4) of the FCCPC Act, 2018.

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