Justice Adedayo Akintoye of the Lagos State High Court, Igbosere, has discharged and acquitted a medical doctor, Mrs Ifeayinwa Grace Orji, who was standing trial alongside her husband, Ejike Ferdinand Orji, over an alleged attempted murder of a 17-year-old patient.
The couple who are medical practitioners, are the operators of the Excel Medical Centre Dolphin Estate, Ikoyi, Lagos.
Justice Akintoye, discharged and acquitted the wife following an application made by the Director of Public Production (DPP), Mr Yaqub Oshoala, declaring the intention of the state government to withdraw charges against Mrs Grace Orji.
In the application dated February 11, Oshoala, said that the state has an amended charge, against the first defendant, Ejike Orji (husband) and in the new charge, name of the wife had been removed.
The DPP, however, applied that the first defendant, Ejike Orji, should be re-arraigned to take his plea on the new charge.
While responding to the application, the defendant’s counsel, Mr Bolaji Ayorinde SAN, applied that the second defendant should be discharged and acquitted.
In her ruling, Justice Akintoye, granted application of the DPP and discharged and acquitted the second defendant.
The Judge said: “In view of an application of discontinuance dated February 2020, by the prosecution, the application is granted as prayed and Dr Mrs Ifeayniwa Grace Orji, is hereby discharged and acquitted.”
The husband, Ejike Orji, will be re-arraigned on the next adjourned date. Consequently, Justice Akintoye, adjourned the case till April 1, 2020, for continuation of trial.
When the couple were initially arraigned, the Lagos State Prosecutor, Mr Babatunde Sunmonu, told the court that the defendants committed the offence on July 26, 2018, at Excel Medical Centre in Dolphin Estate, Ikoyi, Lagos.
Sunmonu said that the defendants attempted to murder a 17-year-old boy, one Somtochukwu Ezi-Ashi, by unlawfully causing grievous bodily harm to his left leg, recklessness and negligence.
According to the prosecutor, the duo caused grievous harm on the 17-year-old boy, by fixing a Plaster of Paris (POP) cast too tight on his leg without his consent nor that of his parents.
The prosecutor also said that the two doctors who were not orthopaedic specialists, recklessly administered orthopaedic medical treatment to the minor, from his upper thigh to his toes and deliberately refused to remove the said POP when requested to do so.
He said that the defendants deliberately removed the POP in a manner that put the life of the boy at risk.
Sunmon added that the defendants unlawfully inflicted wound to the left leg of the complainant “when they lacerated his toes with a saw blade and concealed the act.”
The offence committed is punishable under Sections 230, 245, 251 and 252 of the Criminal Law of Lagos State, 2015.