Two Medical Doctors Arraigned Over Alleged Involuntary Manslaughter
Kemisola Oye
TWO medical doctors, Michael Atiba and Ugbeye Michael, were earlier today (Monday 25 March 2024) arraigned before a Lagos State High Court sitting in Ikeja over the alleged involuntary manslaughter of a patient, Ejiro Ugorobi.
Michael Atiba, a doctor at the Gbagada General Hospital and Doctor Ugbeye Michael, a consultant with the National Orthopedic Hospital are facing one count charge of involuntary manslaughter preferred against them by the Lagos State government.
The state prosecution counsel, A. O. Azeez, told the court that the offence was committed on 21 October 2023.
He said that the incident took place at about 12:30 pm, at No 20, Michael Adekoya Street, Ilupeju area of the state.
The prosecutor further told the court that Atiba and Michael unlawfully caused the death of one Ejiro Ugorobi by negligent application of anaesthetic before surgery and after surgery.
According to the prosecutor, the offence committed contravened Section 224 of the Criminal Code Law of Lagos State 2015.
However, the duo pleaded not guilty to the charge against them.
Thereafter, Azeez asked the court for a trial date. According to him: “In view of the plea of the defendants, we are asking for a trial date.”
Meanwhile, Lawyers to the defendants informed the court of their bail applications which were dated 22 and 21, March 2023, respectively.
The counsel to the first defendant (Atiba), Dr Mike. O (SAN), told the court that he filed a bail application dated 22 March 2024 and urged the court to grant Atiba bail on liberal terms.
He said: “We are pleading that the first defendant be admitted to bail, 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”.
The counsel for the second defendant (Michael), A. O. Fayemi, while moving the bail application dated 21 March 2024, prayed the court to grant his client bail on self-recognisance.
Fayemi stated that the application was on six grounds of 31 paragraphs, adding that the first defendant has served this nation as a consultant orthopaedic for over 30 years.
He said: “The first defendant is a consultant who has served this nation as a consultant orthopaedic with the National Orthopedic Hospital, he is not a young man who would not attend court.
“He is a consultant medical practitioner, he has a clinic at Ilupeju, and he is a person who will present himself for trial, I urge your lordship to grant him bail on liberal terms”.
In a short ruling, Justice Oyindamola Ogala granted the defendants bail in the sum of N5 million each with two sureties each in like sum.
Justice Ogala held that the sureties must be residents within the court’s jurisdiction, present credible home and office addresses, credible financial status.
She also ordered the sureties to present their BVN and NIN, payment of tax to the Lagos State government, and explain their relationship with the defendants.
Consequently, the judge adjourned the case till 15 May 2024, for trial.
Eighteen-Eleven Media
