From Atiku Sarki, Abuja
In a landmark judgment, the Federal High Court sitting in Lagos 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).
The Court was on Friday convicted Dr. Adepoju and MedContour Services on all five counts including failing to comply with Investigation summons, withholding documents and obstructing the investigation.
In a statement signed and issued to news men at the weekend in Abuja by the Acting Vice Chairman and Chief Executive Officer of the Federal Competition and Consumer Protection Commission (FCCPC), Dr. Adamu Abdullahi said the court sentenced each defendant to one year imprisonment on each count and to be served concurrently.
The Court also suspended the prison sentences on the condition that the defendants pay fines totaling N100,000 each on each count.
According to the statement,the case stemmed from the FCCPC’s investigation into alleged consumer rights violations at MedContour Services, a medical practice. 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.
The court disagreed, upholding the FCCPC’s broad investigative powers under the FCCPA and ruled that the agency applies to “all undertakings and all commercial activities” within Nigeria, including health services related to consumer protection.
The court also found that the FCCPC had properly served Dr. Adepoju and MedContour Services with investigative notices and summons.
It further found that the defendants’ claim of being unable to comply due to COVID-19 lockdown restrictions was unsubstantiate.
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 statement further explained that the 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.
It said 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 also initiated in July 2020 under the leadership of Babatunde Irukera, who then led the prosecution.
