By Jude-Ken Ojinnaka
The expected Judgement before a Federal High Court Lagos, in the case against a Lagos Surgeon, Anuoluwapo Adepoju.over alleged failed plastic surgery was stalled on Tuesday.
The trial judge, Justice Mohammed Liman had at the last sitting, fixed the case for judgement on Tuesday January 23, 2024, after respective parties had adopted their final addresses in November 2023.
However, the judgement was not ready on Tuesday as earlier scheduled, and the court informed parties that a new date will be communicated to them soon.
Recall that Anuoluwapo (defendant) 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 Liman.
She had pleaded not guilty to the charges and was granted bail on self recognition.
However, Justice Liman was subsequently, transferred out of the Lagos division of the court, but he still presides over the case on a fiat.
Trial commenced in the suit with the prosecution calling several witnesses, and thereafter closed its case
The defence on its part, filed a no case submission on grounds that no case had been established against the defendant by prosecution, to warrant her entering her defence.
In a ruling delivered on April 7, 2022 , Justice Liman refused the no case submission by the defendant.
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 consequently, ordered the defendant to open her defence.
The case however, suffered several adjournment on different dates, for various reasons.
On May 5, 2023, the defendant began her defence 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, 2023 for adoption of written addresses.
On June 21, 2023 the court did not sit and the case was then adjourned until July 17, 2023. Again it was adjourned untill October 24, 2023 and then November 20, 2023
On November 20, 2023 the adoption of addresses by counsel was held virtually and judgement fixed for January. 23 (today)
A new date for judgement will now be communicated to parties.
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 buttocks 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 further 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.
According to the charge by the State, the offence contravenes the provision of Sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.
