By Onyewuchi Ojinnaka
Consequent upon failure to comply with the Federal Competition and Consumer Protection Commission (FCCPC) summons dated April 15 for investigation into a case of failed plastic surgery, a Lagos surgeon and owner of a Clinic known as MedContour Services Ltd, Dr Anuoluwapo Adepoju is now facing trial before Justice Mohammed Liman of a Federal High Court Lagos Nigeria.
She was docked over alleged evasion from investigation into a failed plastic surgery.
In a five count charge preferred against the defendants on Friday, FCCPC prosecution alleged that without sufficient cause, Dr Adepoju (first defendant) failed to appear before the Commission without sufficient cause, thereby disregarded the Commission’s summons.
Besides, it was alleged that without sufficient cause, the first defendant refused and failed to produce document which she was required to produce in compliance with the Commission’s notice of investigation dated April 14.
Furthermore, the defendant was alleged to have prevented and obstructed the Commission from carrying out its investigation into the said issue.
Dr Anuoluwapo Adepoju was charged alongside her Clinic, MedContour Services Ltd, on a five count charge bordering on refusal to honour an invitation for investigation.
The Federal Competition and Consumer Protection Commission (FCCPC) had in April, sealed the second defendant (MedContour), a plastic surgery hospital, over suspicious illegal activities.
The Commission had also in April, disclosed via its official Twitter handle that it has commenced an investigation into a case of failed plastic surgery performed by the first defendant, Dr. Adepoju of MedContour.
According to prosecution, the offences were said to have contravened the provisions of Sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.
After hearing the charge against her, first defendant, pleaded not guilty to all counts.
After her plea, defence counsel, Mrs Maria Jonnes informed the court of a preliminary objection challenging the charge.
She had 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 Chukwujekwu Aneke challenging the Act of the Commission.
Responding, the prosecutor, a Director General of the FCCPC, Mr Babatunde Irukera, argued that there was no legal basis for the preliminary objection of the defence.
According to him, the subject before the court is not on the issue of violation, and therefore, nothing in the preliminary objection can stand.
He also submitted that the objection that the court lacks jurisdiction to hear the case is 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 is activated by the provisions of Sections 251(f) of the Constitution.
The court further held that sub section 1(f) of the Section, includes organisations such as the Consumer Protection Council as well as the Standard Organisation of Nigeria.
Consequently, the judge over ruled the preliminary objection of defence but granted the defendant bail on self recognizance, and adjourned the case until July 9 for trial.