FCCPC: Court Rejects Med Contour’s ‘No Case Submission,’ Fixes Trial for May 26

Dike  Onwuamaeze

A Federal High Court sitting in Lagos State has ruled on April 7 that a Lagos-based Cosmetic Surgeon, Dr. Anuoluwapo Adepoju, and the Med Contour Services Limited (MCSL) have a case to answer in a suit filed against them over the death of one Mrs. Nneka Onwuzulugbo, by the Federal Competition and Consumer Protection Competition (FCCPC).

It should be recalled that the FCCPC arraigned Adepoju and MCSL for allegedly obstructing the investigation by the commission into the case which led to the death of Onwuzulugbo on July 3, 2020.

But Adepoju, through her attorney filed a “No Case Submission” claiming that the prosecution has not made a sufficiently answerable prima facie case for the defendant to defend.

Thereafter, the court reserved the matter for a decision and ruling, which it delivered on Thursday, April 7, 2022.

A press release that was issued by the FCCPC on Thursday titled ‘RE: FRN vs. Dr. Anuoluwapo Funmilayo Adepoju and Med Contour Services Limited’, stated that the court rejected the no case submission application by the defendant and affirmed that there is a case to answer. 

It said that the court also fixed the commencement of trial on the matter on May 26, 2022.   

The Executive Vice Chairman and Chief Executive Officer of FCCPC, Mr. Babatunde Irukera, said that on “April 7, 2022, and sitting 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 has been established, which requires appropriate defense.”

The court adjourned the case to May 26 for continuation of trial.

Irukera, who is also the lead prosecutor, said that 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 to the fullest extent of the law.   

“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 added that the commission would welcome “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.”