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Nigerian court rejects ‘no case submission’, fixes date for Dr. Anuoluwapo Adepoju’s trial

Dr. Anuoluwapo Funmilayo Adepoju

*Nigeria’s Federal Competition and Consumer Protection Commission states despite delays, the regulatory Commission remains committed to ensuring compliance with the fullest extent of the law

Isola Moses | ÂÌñÏׯÞ

A Nigerian court has rejected the ‘no case submission’ application in the FRN Vs Dr. Anuoluwapo Funmilayo Adepoju and Med Contour Services Limited.

ÂÌñÏ×ÆÞ reports the Federal High Court has reaffirmed there is a case to answer, and has set May 26, 2022, to commence trial.

Mr. Babatunde Irukera, Executive Vice-Chairman/Chief Executive Officer (EVC/CEO) of the Federal Competition and Consumer Protection Commission (FCCPC), disclosed this development in an update issued Thursday, April 7, 2022.

Recall the trial earlier commenced in a case involving Dr. Adepoju, a Lagos-based cosmetic surgeon, and her Med Contour Services Limited, whose services allegedly resulted in the death of certain Mrs. Nneka Onwuzulugbo.

The FCCPC, July 2020, had arraigned her and Med Contour Services Limited for purportedly obstructing an investigation by its officers into her case.

In a five-count charge, the FCCPC accused the cosmetic surgeon of shunning its summons to appear and produce certain documents.

Adepoju, however, pleaded not guilty to all the counts.

The regulatory Commission said on October 14, 2020, after the FCCPC, led by Babatunde Irukera as Lead Prosecutor, closed its case upon examination and cross examination of the Commission’s witnesses, the defendant – Anuoluwapo Funmilayo Adepoju (Anuoluwapo Adepoju) through defence counsel filed a ‘No Case Submission’.

Irukera stated that her counsel had claimed the prosecution has not made a sufficiently answerable prima facie case for the defendant to defend.

However, upon adoption and argument of the parties’ respective briefs and positions, the Court reserved the case for a Decision and Ruling, said the FCCPC.

According to the Commission, on “April 7, 2022 and seating in Lagos, the Federal High Court entered its decision and ruled rejecting the Defendant’s No Case Submission.”

Specifically, the Court ruled that the evidence so far propounded, presented and articulated by the Prosecution, and admitted by the Court satisfy the elements of the criminal charges pending against Anuoluwapo Adepoju as such, a prima facie case had been established which requires appropriate defence.

“The Court adjourned the case to May 26th for continuation of trial,” noted Irukera.

The FCCPC also stated although this judicial process has experienced significant delays, during which allegations and/or evidence of isolated or continuing violations of extant regulatory decisions or judicial conditions have arisen, the Commission remains committed to ensuring compliance with the fullest extent of the law.

According to the EVC/CEO, as the Court has now returned to seating in, and adjudicating this case, relevant applications seeking appropriate judicial orders to ensure or compel compliance with applicable regulatory interventions or release conditions by the Court will proceed from the Commission.

He also stated: “The Commission welcomes any information or evidence of any activities or actions that can assist in ensuring obedience of the law in this regard, or retribution for disobedience.

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