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The Federal High Court sitting in Lagos State has convicted Anu Adepoju, a medical doctor and founder of MedContour Services Ltd., who conducted a failed plastic surgery that resulted in the death of Nneka Onwuzuligbo in 2019.
Babatunde Irukera, a former director-general of the Federal Competition and Consumer Protection Commission (FCCPC), disclosed via his X handle on Friday that the prolonged prosecution of Adepoju has led to a conviction.
“Today is a day of pride for me that I personally prosecuted Anu Adepoju & her medical practice,” Irukera said.
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“Though I’ve left, the case has ended in a conviction strengthening the accountability framework for all in society, professionals or otherwise. This is how society should work & grow.
“Dr. Anu Adepoju & her medical practice convicted in all 5 counts charged by FCCPC. The wheel of justice may grind slow, but we must see it through. What we need are enforced with audacity & will to prosecute competently & diligently. Good day for consumers of professional services.”
Justice A.M. Liman convicted the both Adepoju and her health centre on all the five charges instituted against them by the commission. The court found that they violated relevant sections of the Federal Competition and Consumer Protection Act, 2018.
The five charges upon which Adepoju and her medical company were convicted, according to Slingstone LP, the law firm that represented the commission in the case, are:
Failing to appear before the FCCPC in compliance with a summons dated April 15, 2020, violating Sections 33(3)(a) and 113(1)(a) of the FCCPA; refusing to produce required documents, violating Sections 111(1)(a) and 33(3)(b) of the FCCPA; intentionally withholding documents needed for the investigation, violating Section 111(1)(d) of the FCCPA; failure to comply with the FCCPC’s notice of investigation, violating Section 159 of the FCCPA; and obstructing the FCCPC’s investigation, violating Section 110 of the FCCPA.
The FCCPC was investigating the parties following the death of Onwuzuligbo at the facility and it invited them to appear before an investigating committee. Rather than honour the invitation, the parties approached the court, claiming that the consumer protection agency had no power to investigate the consumer rights elements in the case.
Following this conviction, the agency can now continue its investigation into the capacity of the doctor to provide the services the deceased client had subscribed for.
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Onwuzuligbo had undergone a cosmetic surgery at the medical facility on December 31, 2018. Shortly after the surgery, she started experiencing some severe complications, which did not stop until her death in February 2019. According to Vivian Onwuzuligbo, her sister, she “developed difficulty in breathing within 24 hours after the surgery performed on her by Dr. Anuoluwapo of MedContour. She was put on oxygen by the nurses at MedContour.”