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Failed surgery: Court adjourns trial of Lagos surgeon until Feb. 3, 2021

Adjournment
By Sandra Umeh
Lagos, Dec. 2, 2020 (NAN) A Federal High Court in Lagos, on Wednesday, adjourned until Feb. 3, 2021, continuation of the trial of a Surgeon, Anuoluwapo Adepoju, standing trial over alleged evasion from investigation into a failed plastic surgery.

The defendant is charged by the Federal Competition and Consumer Protection Commission (FCCPC), alongside her Clinic, MedContour Services Ltd.

The defendants are standing trial on a five count charge bordering on a refusal to honour an invitation for investigation as well as production of investigation document.

Adepoju was re-arraigned on July 17, alongside her Medical outfit, before Justice Mohammed Liman.

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

At the last adjourned date, a prosecution witness, Mrs Suzzy Onwuka, concluded her evidence with a narration on how the FCCPC failed in its attempts to secure the presence of the defendant for investigation over the allegations.

The prosecution had closed its case after the testimony of the witness. and the court adjourned the case for the defence to open its case on Dec. 2.

When the case was called, the prosecutor, Mr Abimbola Ojenike informed the court of a no case submission filed by the defence. He, however, sought for an adjournment to enable the prosecution respond.

Meanwhile, the defence counsel, Mrs Maria Jones told the court that the defendant had informed her about some of the drugs in her clinic expiring soon and, therefore, prayed the court to allow the drugs to be dispensed, instead of allowing them to expire.

Following the request by the defence counsel, the court urged the prosecution and its team to carry out an investigation of the clinic to determine the drugs that were near expiration.

The court adjourned the case till Feb. 3, 2021 for hearing of arguments on the no case submission of the defence.

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 documents she was required to produce in compliance with the commission’s notice of investigation dated April 14.

The defendant was alleged to have prevented and obstructed the commission from carrying out its investigation into the issue, in contravention of the provisions of sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018. (NAN)

UNS/MMA
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Edited by Mouktar Adamu

Sittings
By Sandra Umeh
Lagos, May 18, 2020 (NAN) The Federal High Court (FHC) on Monday directed judges of its various judicial divisions to adopt virtual proceedings for court cases.
Chief Judge of the FHC, Justice John Tsoho, issued the directive in the new 2020 Practice Directions for the COVID-19 period dated May 18 and made available to the News Agency of Nigeria (NAN) in Lagos.
The direction, however, provides that proceedings can only be held virtually with the consent of the parties and their counsel.
Also, under the new rules, FHC judges cannot hear more than nine cases daily.
The direction also provides that:
“Virtual proceeding is hereby adopted for adjudication in the Federal High Court.
“Virtual proceedings can be either by Zoom, Skype or any other audio-visual platform approved by the Court,”
The CJ also directed that where parties and their counsel agree to virtual proceedings in a case, they should liaise with the court’s Registrar to schedule the hearings.
He said that cases for virtual proceedings shall then be stated on the Cause List, posted on the FHC website, and communicated to counsel and parties, either by e-mail or any other electronic means.
Tsoho added that the Judge and counsel in such proceedings must also be properly robed.
“Service of court processes may be effected by e-mails, WhatsApp or as may be directed by the Court, and shall be deemed as good service.
“Service of hearing notices may be effected by e-mail, WhatsApp, text messages or as may be directed by the Court
“The print out of same shall be sufficient proof of service,” he said.
Also, in keeping with the Federal and States COVID-19 regulations, the Chief Judge also made mandatory, the wearing of face masks and maintaining of social distancing.
“Face Masks must be properly worn by everyone within the court premises to cover their mouths and noses at all times.
“Every person within the premises of the court and inside the court room shall observe the requirement of social and physical distancing of not less than 2 meters (6 feet) apart from each other,
“At any given time, there shall not be a congregation of more than ten (10) within the Court premises, except for purposes of court sittings.
“There shall not be more than twenty (20) persons inside the court room including the court staff and counsel at court sittings.” he said (NAN)
UNS/AOS/WOJ
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Edited by Bayo Sekoni/Wale Ojetimi

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Tips

By Sandra Umeh

Lagos, March 30, (NAN) The Association of Lawyers with Disabilities in Nigeria (ALDIN), has called for the development of special sign languages to transmit safety health tips on COVID-19 to persons living with disabilities.

Messrs Daniel Onwe and Gaius Ogah, the association’s President and Secretary respectively, made the call in a statement issued to newsmen in Lagos.

According to ALDIN, there is a need for television stations to engage the services of sign language interpreters for the benefit of disabled persons like the deaf.

“They are also major stakeholders.

“The COVID-19 pandemic has put us in an extraordinarily trying time, which requires extraordinary actions.

“ALDIN, however, noticed with dismay that most of the safety briefings on television do not factor in the peculiarities of persons with disabilities, particularly the deaf, who require sign language interpretation.

“The necessary correction should be taken by engaging sign language interpreters in all such briefings, as is the case in other countries.

“The fact that majority of Nigerians eke out a living one day at a time should also be kept in focus.

“Government at all levels, in collaboration with volunteer NGOs, religions bodies and kind-hearted individuals, should quickly plan for the distribution of food and other basic amenities to the people, with particular attention on the vulnerable.

“This will give everyone the needed comfort to comply with a total lockdown.

“There is no time that the saying ‘prevention is better than cure’ is more apt than now.

“The cost of maintaining people at home will be much less than the cost of treating them of COVID-19,’’ it said.

ALDIN expressed optimism that Nigerians, and indeed the world, would come out of the crisis as better people. (NAN)

UNS/AIB/MZA
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Edited by Abdulfatah Babatunde/Maharazu Ahmed

Bail
By Sandra Umeh
Lagos, March 26, 2020(NAN) A Federal High Court in Lagos on Thursday, granted post-conviction bail to a former Abia State Director of Finance and Account , Jones Udeogu, who was sentenced to 10 years imprisonment in December 2019.

Udeogu was convicted on Dec. 5, 2019 by Justice Mohammed Idris of N7.1 billion fraud and jailed alongside a former Abia Governor, Orji Uzor Kalu, who was sentenced to 12 years in prison.

Following an application by his lawyer, Chief Solo Akuma, SAN, on Thursday, Justice Mohammed Liman granted the convict a post-conviction bail of N50million, pending the determination of his appeal against the judgment of Justice Idris.

Akuma had told the judge that his client was suffering from prostate cancer and tuberculosis.

He told the court that Udeogu was diagnosed with prostate cancer three years ago at the Abia State Teaching Hospital and that in the course of carrying out tests on him, the hospital also discovered that he had tuberculosis.

Akuma said Udeogu was making arrangement to book a date for surgery when he was convicted and sent to prison last December.

In an affidavit filed in support of the post-conviction bail application deposed to by one Lazarus Agu, the deponent said that the correctional facility where Udeogu was serving his jail term lacked the wherewithal to provide him the medical attention needed.

However, EFCC prosecutor, Mr Rotimi Jacobs (SAN) vehemently opposed the application describing it as simply a ploy to serve his term in the correctional centre.

He argued that the convict had been in prison since his conviction and was now just coming forward to claim illness of tuberculosis.

Jacobs urged the court to refuse the application.

In his ruling, on Thursday, Justice Liman said he was satisfied that Udeogu had disclosed reasonable cause of action to qualify for a post-conviction bail.

The judge said, “I am of the opinion that this application has disclosed reasonable cause of action that the defendant’s health has greatly deteriorated and it cannot be salvaged by the doctor in the correctional service centre.

“Accordingly, this application is meritorious and succeeds.” he said.

He consequently, granted Udeogo N50million bail with two sureties in like sum.

Recall that Liman had on Dec. 23, 2019 rejected a similar application by Kalu seeking a post-conviction bail pending the outcome of his appeal against his conviction.

In his own application, Kalu had urged Justice Liman to release him on bail on the grounds that he required to consult his herbalist, on some health challenges, which the medical facilities in the prison could not handle.

Justice Liman declined the application, on grounds that it lacked merit. (NAN)
UNS/AOS/SH
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Edited by Bayo Sekoni/Sadiya Hamza

COVID-19: Falana urges  enforcement of Quarantine Act

By Sandra Umeh
Lagos, March 26, 2020 (NAN) Human rights crusader, Mr Femi Falana, on Thursday called  on the Federal Government  to enforce the Quarantine Act to check the spread of coronavirus.

Falana made the call in a statement in Lagos.

Falana said that declaration  of  a state of emergency would provide the  basis for prosecution of  anyone flouting the  regulations.

“It is common knowledge that leaders of many countries have since invoked the provisions of relevant statutes to declare a state of emergency before imposing restriction on the locomotion of people and lockdown of towns.

“Having confirmed that the presidency is on lockdown, we are compelled to call on state governors to apply the Quarantine Act, which provides for and regulates the imposition of quarantine and to make other provisions for preventing the introduction into and spread in Nigeria and the transmission from Nigeria of dangerous infectious diseases.

“In particular, state governors are urged to invoke Section 8 of the Act which empowers them to make such declarations and issue necessary regulations to combat any infectious disease such as  COVID-19,” he said.

According to Falana, once the declaration is made, the police can prosecute anyone who violates any regulation on the basis of the Quarantine Act.

“Furthermore, the attention of members of the public should be drawn to the stringent penalties prescribed by the Criminal Code and Penal Code for offences endangering life or health including reckless or negligent acts causing harm to people,” he said. (NAN)

UNS/EBI/IGO
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Edited by Benson Iziama/Ijeoma Popoola