The Federal High Court sitting in Lagos, has convicted a medical doctor and founder of MedContour Services Ltd., Dr Anuoluwapo Adepoju for obstructing an investigation in a case that stemmed from a failed plastic surgery that she conducted, which resulted in the death of one Nneka Onwuzuligbo in 2020.
In a landmark judgment, Justice A.M Liman convicted Adepoju and her firm, MedContour Services Limited on all five counts of obstructing an investigation by the Federal Competition and Consumer Protection Commission (FCCPC).
The FCCPC’s investigation pertained to alleged consumer rights violations at MedContour Services in 2020. Dr. Adepoju and MedContour Services challenged the FCCPC’s authority to investigate them, arguing that only the Medical and Dental Practitioners Council of Nigeria (MDCN) had jurisdiction to do that.
The Court, in its ruling, disagreed with the submission of Dr. Adepoju’s lawyers, and upheld 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.
The Court found that the FCCPC had properly served Dr. Adepoju and MedContour Services with investigative notices and summons. The Court also found that the Defendants’ claim of being unable to comply due to COVID-19 lockdown restrictions was unsubstantiated.
The Court convicted Dr. Adepoju and MedContour Services on all five counts, including failing to comply with investigative summons, withholding documents, and obstructing the investigation. The 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 totaling N100,000 (One Hundred Thousand Naira) each on each count.
The case was initiated in July 2020, under the
leadership of Babatunde Irukera, the former Director-General of FCCPC.
“This judgment strengthens the FCCPC’s authority to investigate consumer rights violations across all sectors, including healthcare. It also serves as a warning to businesses that impede or obstruct regulatory investigations”, the FCCPC said in a statement.