*The Federal High Court sitting in Lagos convicts Dr. Anuoluwapo Funmilayo Adepoju and MedContour Services Limited on all five counts of obstructing an investigation into the death of their client by the Federal Competition and Consumer Protection Commission

Alexander Davis | 绿帽献妻

The Federal High Court sitting in Lagos, in a landmark judgment, has convicted Dr. Anuoluwapo Funmilayo Adepoju and MedContour Services Limited on all five counts of obstructing an investigation by the Federal Competition and Consumer Protection Commission (FCCPC).

绿帽献妻 reports the case had stemmed from the FCCPC’s investigation into alleged consumer rights violations at MedContour Services, a medical practice, some years back.

However, in the course of investigation into the death of one of her clients, Dr. Adepoju and MedContour Services had challenged the FCCPC’s authority to investigate her and MedContour Services, arguing that only the Medical and Dental Practitioners Council of Nigeria (MDCN) have jurisdiction to do so.

The Nigerian court, nonetheless, disagreed with Adepoju鈥檚 argument by upholding the FCCPC’s broad investigative powers under the Federal Competition and Consumer Protection Act (FCCPA).

The Court ruled that the FCCPA applies to “all undertakings and all commercial activities” within Nigeria, including health services related to consumer protection in the West African country.

Dr. Adamu Abdullahi, Acting Executive Vice Chairman/Chief Executive Officer (EVC/CEO) of FCCPC, in a statement Friday, May 17, 2024, disclosed the Court, in its ruling on the case, found that the FCCPC had properly served Dr. Adepoju and MedContour Services with investigative notices and summons.

The court also affirmed that the Defendants’ claim of being unable to comply due to COVID-19 lockdown restrictions was unsubstantiated.

The statement noted: 鈥淭he Court convicted Dr. Adepoju and MedContour Services on all five counts, including failing to comply with investigative summons, withholding documents, and obstructing the investigation.

鈥淭he Court sentenced each Defendant to one-year imprisonment on each count, to be served concurrently. The Court suspended the prison sentences on the condition that the Defendants pay fines totalling N100,000 (One Hundred Thousand Naira) each on each count.

鈥淭his judgment strengthens the FCCPC’s authority to investigate consumer rights violations across all sectors, including healthcare.

鈥淚t also serves as a warning to businesses that impede or obstruct regulatory investigations.鈥�

As regards the legal representation in the matter at the Federal High Court, when the case came up for Judgment before Hon. Justice A.M Liman of the Federal High Court sitting in Lagos, Abimbola Ojenike, Esq., appeared with Jesulayomi Oyelami (Miss) and Oluwadamilola Omotosho (Miss) for the Prosecution while Mariam Jones and Ameda Alhassan appeared for the 1st and 2nd Defendants.

The case was initiated, July 2020, under the leadership of Mr. Babatunde Irukera, former EVC/CEO of the Commission, who then led the prosecution.

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