2 doctors land in court, accused of killing patient through negligence

News Agency Of Nigeria

March 25, 2024 7:14 PM

They allegedly caused the patient's death by neglect application of anaesthetic before and after surgery.

The alleged offence contravenes Section 224 of the Criminal Law of Lagos State 2015 (image used for illustration) [Within Nigeria]

The Lagos State Government on Monday arraigned two medical doctors, Michael Atiba and Michael Ugbeye, before an Ikeja High Court, over alleged involuntary manslaughter of a patient, Ejiro Ugorobi.

Atiba, a doctor at the Gbagada General Hospital and Ugbeye, a consultant with a national orthopedic hospital, are facing a count charge of involuntary manslaughter preferred against them by the Lagos State Government.

The defendants, whose residential addresses were not given, pleaded not guilty to the charge.

The State Counsel, Olalekan Azeez, asked for a trial date, following their not guilty plea.

Azeez told the court the defendants unlawfully caused the death of Ugorobi by neglect application of anaesthetic before and after surgery. He submitted that the defendants allegedly committed the offence on October 21, 2023, at about 12:30 pm at No 20, Michael Adekoya Street, Ilupeju, Lagos.

The counsel to the first defendant told the court he filed a bail application dated March 22, and urged the court to grant Atiba bail on liberal terms.

"We are pleading that the first defendant be admitted to bail because he is a medical doctor and he is into the business of saving lives and not taking lives. He is not at any risk that he would not present himself for trial. I move in terms of the motion," he said.

The second defence counsel, A.O. Fayemi, moved the application for bail dated March 21 and urged the court to grant his client bail on self recognition. Fayemi, in his 31 paragraph affidavits, said the second defendant had served the nation as a consultant orthopedic for over 30 years.

"The second defendant is a consultant who has served this nation as a consultant orthopedic with the national orthopedic hospital. He is not a young man that would not attend court. He is a consultant medical practitioner and he has a clinic at Ilupeju.

"He is a person who will present himself for trial and I urge your lordship to grant him bail on liberal terms," he said.

Justice Oyindamola Ogala, in her ruling, granted the defendants ₦5 million bail each with two sureties each in like sum. Ogala said the sureties must be resident within the court's jurisdiction. She added that the sureties must present credible home and office addresses as well as credible financial status.

Ogala ordered the sureties must present their BVN and NIN, evidence of tax payment to the Lagos State Government, and explain their relationship with the defendants.

The judge adjourned the case until May 15 for commencement of trial. According to the prosecution, the alleged offence contravenes Section 224 of the Criminal Law of Lagos State 2015.

News Agency Of Nigeria