Court reserves judgment in failed buttocks enlargement surgery trial

A Federal High Court in Lagos on Tuesday reserved judgment in a suit filed against a surgeon, Anuoluwapo Adepoju, who is standing trial over alleged failed buttocks enlargement surgery.

Adepoju was dragged to court by the Federal Competition and Consumers Protection Commission (FCCPC).

She is being prosecuted alongside her clinic, MedContour Services Ltd, on a five-count charge bordering on a refusal to honour an invitation for an investigation into post-body surgery complications.

She was re-arraigned on July 17, 2020, alongside her medical outfit,

Justice Mohammed Liman had fixed Tuesday for judgment, after respective parties adopted their final addresses in November 2023.

But the judgment was not ready on Tuesday as earlier scheduled, and the court informed parties that a new date will be communicated to parties soon.

The News Agency of Nigeria reports that the defendant is charged by the Federal Competition and Consumers Protection Commission (FCCPC).

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

Justice Liman was however, subsequently, transferred out of the Lagos Division of the court, but he still presides over the case on a fiat.

Trial commenced in the suit with the prosecution calling several witnesses, and thereafter closed its case

The defence on its part, filed a no case submission on grounds that no case had been established against the defendant by the prosecution to warrant her entering her defence.

Justice Liman had in a ruling delivered on April 7, 2022 rejected the no case submission filed by the defendant.

Liman had ruled that the evidence so far tendered before the court, satisfies the elements of the criminal charges pending against her.

The court had, consequently, ordered the defendant to open her defence.

The case however, suffered several adjournments on different dates, for various reasons.

On May 5, 2023, the defence began defence and called the first defendant as sole witness.

The defendant was led in evidence and also cross examined after which the court adjourned the case until June 21, 2023, for adoption of written addresses.

On June 21, 2023 the court did not sit and the case was then adjourned until July 17, 2023, and again adjourned until Oct. 24, 2023, and then Nov. 20, 2023.

On Nov. 20, 2023, the adoption of addresses by counsel was held virtually and judgment fixed for Jan. 23 (today)

A new date for judgment will now be communicated to parties.

In the five-counts charge brought against the defendants, the prosecution alleged that the first defendant failed to appear before the FCCPC in relation to investigation into a reported failed buttocks enlargement surgery.

The defendant was alleged to have failed to honour the Commission’s summons, issued on April 15, 2020.

The prosecution also alleged that without sufficient cause, the first defendant also refused and failed to produce documents which she was required to produce in compliance with the Commission’s notice of investigation dated April 14, 2020.

The defendant was alleged to have prevented and obstructed the Commission from carrying out its investigation into the said issue.

The offence, the state said, contravenes the provision of sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.