By Onyewuchi Ojinnaka
A Lagos based surgeon, Dr. Anuoluwapo Adepoju, and her clinic, MedContour Services Ltd, were on Friday re-arraigned by the Federal Competition and Consumer Protection Commission (FCCPC) before Justice Mohammed Liman of a Federal High Court sitting in Lagos, over alleged evasion from investigation into a reported case of failed plastic surgery.
FCCPC re-arraigned the surgeon on a five-count charge bordering on ‘refusal to honour an invitation for investigation as well as production of investigation document’.
She was first arraigned on July 3, alongside her Medical outfit, before Justice Liman and had then pleaded not guilty to the charge and was granted bail on self recognizance.
The matter was adjourned till July 9 for trial but on that date, the matter could not go on and was further adjourned till July 17.
When the matter was called on Friday, the prosecutor, Mr Babatunde Irukera, who is Director General of FCCPC informed the court that the Commission had filed an amended charge and prayed the court for the plea of the defendant to be taken afresh.
The amended five count charge was again read out to the defendant and she maintained not guilty stance.
Consequent upon the plea of the defendant, the prosecutor informed the court that he. was ready to proceed and open trial in the case.
Citing statutory provisions of Sections 300(1) of the Administration of Criminal Justice Act 2015, by way of preamble into its case, the prosecutor told the court that the instant case borders on a violation of the provisions of the law.
He described FCCPC as a regulatory agency which ensures that the public complies with the provisions of the law, adding that the regulatory process of the Commission is addressed by the provisions of Sections 93(3) 103(1)(a) and 103(1)He submitted that players in the industry have a duty to comply with the regulatory process and demands of the Commission in accordance with the law.
He further submitted that the Commission had invited the defendant for investigation but because she was not found, as the address given was misleading, the defendant was subsequently summoned by the commission.
Babatunde Irukera argued that if the court finds a defendant guilty of such offences the defendant may either be liable to a term of imprisonement or fine or both.
On this premise, Irukera called the first witness for the prosecution, Mrs Suzzy Onwuka to the witness box.
The witness who introduced herself as a civil servant working in the FCCPC, added that her duty includes resolution of customers complaints, survelliamce and enforcement activites, monitoring of sales promotion as well as other matters referred from the headquarters.
On her experience during investigation into the instant case, she told the court that ‘sometime in March and April this year, the Commission received complaints from people who reportedly suffered adversely from the activities of the defendants.’
She said that the defendant was also reported to have made false advertisement of its activities, adding that the FCCPC sprang into investigation of the activities of the defendants in its physical place of business, but discovered that the said address was false.
The witness further stated that the Commission later discovered the true address of MedContour, and then, wrote to the defendant, notifying her that the Commission had began investigation into her activities, and requesting that she provides document to the Commission.
Mrs Onwuka added that the said notice of investigation was issued on April 14 but since there was no compliance by the defendant, the said notice was pasted on the facility of MedContour which is the defendant’s place of business.
According to the witness, the commission, also pasted a summons to the defendant, on the same address requesting that she comes to the commission but same was not honoured.
The prosecutor also tendered before the court a statement issued by the FCCPC on the said investigation, a bundle of photographs taken, as well as a letter by the Nigerian Medial Association to the FCCPC as posted by the defendant in her Instagram account Med_Contour.
The court also admitted as exhibits, various letters and emails to the FCCPC, as well as three bundles of complaint questionnaires .
Thereafter, the case was adjourned until October14. for continuation of trial.
It was reported that the Federal Competition and Consumer Protection Commission (FCCPC) had in April, sealed the medical outfit, MedContour, a plastic surgery hospital, over suspicions of illegal activities.
Recall that the FCCPC had also in April, revealed on its official Twitter handle that it has commenced an investigation into a case of failed plastic surgery performed by the first defendant, Dr. Anuoluwapo in her hospital.
In the five count charge brought against the defendants, the prosecution alleged that without sufficient cause, the first defendant failed to appear before the FCCPC in compliance with the Commission’s summons dated April 15.
The prosecution also alleged that without sufficient cause, the first defendant also refused and failed to produce document which she was required to produce in compliance with the Commission’s notice of investigation dated April 14.
The defendant was also alleged to have prevented and obstructed the Commission from carrying out its investigation into the said issue.
The offences contravenes the provisions of Sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.