Trial of Two Doctors on Manslaughter Charge Stalls 

The trial of two Medical Doctors, Michael Atiba and Michael Ugbeye, before the High Court of Lagos State, Ikeja, presided over by Justice Oyindamola Ogala, over the alleged involuntary manslaughter of a patient, Ejiro Ugorobi, could not go on last week due to the absence of a witness.

When the matter was called for the trial to commence, Justice Ogala was informed by the Prosecution that the witness who was meant to testify in the case could not make it to court due to ill health. Consequently, Justice Ogala adjourned until October 7, 2024, for trial to commence.

It would be recalled that the Lagos State Government, LASG, had on March 25, 2024, arraigned the Medical Doctors over their alleged involvement in the involuntary manslaughter of the deceased patient.

Specifically, Atiba, a Doctor at the Gbagada General Hospital, and Dr Ugbeye, a Consultant with the National Orthopaedic Hospital, Igbobi, Lagos, are facing a count charge of involuntary manslaughter as made against them by the LASG.

While the arraignment lasted, the counsel for the LASG, A. O. Azeez hinted to Justice Ogala that the incident took place on October 21, 2023.

Counsel also informed the court that the incident took place at No. 20, Michael Adekoya Street, Ilupeju, Lagos State, adding that Atiba and Ugbeye unlawfully caused the death of one Ugorobi by the wrongful application of medication before and after surgery.

According to Azeez, the alleged offence contravenes Section 224 of the Criminal Law of Lagos State, 2015.

But, the Medical Doctors pleaded not guilty to the charge, prompting Justice Ogala to give a trial date.

Azeez said, “Given the plea of the Defendants, we are asking for a trial date”.

Meanwhile, the Lawyers for the Defendants informed the court of their bail applications, both dated March 21 and 22, 2023, respectively.

Dr Atiba’s Counsel, particularly, told the Judge that he filed a bail application dated March 22, 2024, and urged the court to grant Atiba bail on liberal terms, with an addition that he is a medical doctor who is in the business of saving lives and not taking lives.

The Counsel for the second Defendant, A. O. Fayemi, while moving the application for bail dated March 21, 2024, prayed to the court to grant his client bail on self-recognisance.

Fayemi revealed that the application was based on six grounds of 31 paragraphs, adding that the first Defendant has served the nation as a Consultant Orthopaedic for over 30 years.

In his words: “The first Defendant is a consultant who has served this nation as a Consultant Orthopaedic with the National Orthopaedic 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 bench ruling, Justice Ogala granted the Defendants bail in the sum of N5 million each, with two sureties each in like sum. The Judge directed that the sureties must be residents within the jurisdiction of the court, present credible home and office addresses, and have credible financial status. Justice Ogala also ordered the sureties to present their BVN and NIN, evidence of payment of tax to the LASG, and explain their relationship with the Defendants.