By: Joseph A Adudu, March 23, 2022
A Jos based medical practitioner, Dr. Michael Owoicho Odeh has been
sentenced for six months suspension by the Prof. Abba Waziri Hassan led Medical
and Dental Practitioners Disciplinary Tribunal for malpractice and infamous
conduct by enticing one Mrs. Sharon Ifeoma Orji to his medical practice, ELROI
Mission Hospital from the medical practice of Dr. Ugo named Samantha Lucille
Hospital. He was equally found guilty of engaging in private practice while
still in full time employment of University of Jos.
The accused who was standing trial on a three-count charge pleaded not guilty
to each of the two remaining counts of the charge, count three having been
struck out earlier by the tribunal in its Ruling on a Preliminary Objection.The
matter which was between the Chairman, Medical and Dental Practitioners
Investigation Panel and the Respondent Doctor had its relevant facts hinged on
the nominal complainant, Maduabuchi Orji who had alleged that Dr. Owoicho had
abused his position as a doctor to his family by engaging in an indecent and
financial relationship with his wife, Mrs. Sharon Stella Ifeoma Orji. The
matter was investigated by the Investigation Panel which established a prima
facie case against the Respondent-Doctor and accordingly, forwarded to the Tribunal
for adjudication.
In his counter Affidavit, the Respondent stated that he never knew Mrs. Orji
and her children at Samantha and that he established his own medical practice
under the name, ELROI Mission Hospital on April 15, 2014 stressing that his first
contact with Mrs Orji was on the 25th October 2014 (six months after he had
established his medical practice). The Respondent added that Mrs Orji was
brought to his hospital by one, Chukwuma Enweluani in a state of shock
following a severe diarrhea and a bout of throw-ups and was treated and
discharged the following day. The Respondent further told the tribunal Mrs Orji
came to the hospital for follow-up on October 27 and November 02, 2014 with
persistent cough. He said that she brought her husband ( the complainant) to
the hospital on November 17, 2014 and was treated with high blood pressure and
diabetes noting that after his treatment, he requested for treatment of his
children, wards and staff periodically. The Respondent said that the last time
he treated Mrs Orji was on December 26, 2015 adding that he never had any
improper relationship with Mrs Orji and that the relationship between Mrs Orji
and himself had always been a strick doctor/patient relationship. He also said
that he never at any time (during the period he attended to Mrs Orji or after
that), engaged in any inappropriate or immoral relationship with her.
The Prosecution had relied on documents tendered in evidence by PW 1 Dr.
Enejo Abdu in his evidence as follows; Affidavit of Maduabuchi Orji dated 11th
August, 2016 (Exhibit 1), Affidavit of Dr. Michael Owoicho Odeh dated 18th
October, 2016 (Exhibit 2), the CTC of case Notes of ELROI Mission Hospital, Jos
(Exhibit 3), Further and Better Affidavit of Maduabuchi Orji dated 21st
December, 2016 (Exhibit 4), 2nd further and better Affidavit of Maduabuchi Orji
dated 26th March, 2018 (Exhibit 5), First Information Report (Exhibit 6) and
Court process from Upper Area Court 1, Plateau State (Exhibit 7).Both parties
filed their respective Final Written Addresses which were adopted. The
Respondent's Counsel Efa O. Oka adopted his address dated April 8, 2021 and
relied on all the submissions contained in their Written Address and argued
that the civil suit the complainant was relying on in his Written Address was
not decided on merit and so it should not be relied on by the
Tribunal. The prosecution Counsel, Sunusi Musa Esq on his part, adopted
his address dated April 19, 2021 and urged the Tribunal to find the Respondent
guilty as charged. The Prosecution urged the Tribunal to hold that the
prosecution had established (from the evidence and the exhibits tendered and
from the testimony of the Respondent), a case of professional misconduct
against the Respondent and therefore, ought to be found liable and sentenced
accordingly. The prosecution further urged the Tribunal to apply the provisions
of the Code of Medical Ethics in Nigeria 2008 and accordingly convict the
Respondent Doctor.
The prosecution further argued that infamous conduct in Medical Ethics connotes
conduct so disreputable and morally reprehensible as to bring the profession
into disrepute if condoned. The Prosecution referred the Tribunal to the case
of Medical and Dental Practitioners Disciplinary Tribunal V. Okonkwo (2001)
LDELR-1856 (C).
The Tribunal in its verdict, stated thus; "From the evidence before the Tribunal, the Tribunal holds that the Respondent, Dr. Michael Owoicho Odeh is guilty of Count 1 (one) and Count (2). In the light of the above, the Respondent Doctor was found guilty on count 1 when between April 15 and October 25, 2014 or thereabout at ELROI Mission Hospital No. 22 Alhaji Baba street, Jos Plateau State engaged in malpractice when he enticed Mrs. Sharon Ifeoma Orji to his medical practice from the medical practice of Dr. Ugo named Samantha Lucille Hospital Igbo Ukwu street Jos, Plateau State, and by the said fact, conducted himself infamously in a professional respect contrary to Rule 42.1 of the Code of Medical Ethics in Nigeria, 2008 Edition and punishable under section 16 (1) (a) and (2) of the Medical and Dental Practitioners' Act CAP M8 LFN 2004 (as amended).
On count 2, he was found guilty when between April 15, 2014 to November 13, 2017 conducted himself infamously in a professional respect, when while in the full time employment of University of Jos, Jos Plateau State, he engaged in private practice by owning and running a private medical practice known as Elroy Mission Hospital situate at No. 22 Alhaji Baba street, Jos Plateau State, contrary to Rule 49.2 of the Code of Medical Ethics in Nigeria, 2008 Edition, and punishable under section 16 (1) (a) and (2) of the Medical and Dental Practitioners' Act CAP M8 LFN 2004 as (amended). Consequently, the Tribunal sentenced the Respondent Doctor for six months suspension. "The Respondent, Dr. Michael Owoicho Odeh is hereby sentence for 6 (six) months suspension on each of the two counts to run concurrently".
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