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Professional misconduct : Tribunal bans doctor from practice for six months

Vital News by Vital News
March 24, 2022
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Jos – A Jos-based medical practitioner, Dr Michael Owoicho-Odeh has bagged six months suspension for malpractice and infamous conduct by enticing his patient and house wife, one Mrs. Sharon Ifeoma-Orji.

The 7-Man Medical and Dental Practitioners Disciplinary Tribunal, slammed the sentenced on him on Wednesday after go ding him guilty of the offence.

Our Correspondent reports that Owoicho-Odeh , who was standing trial on a two-count charge had pleaded not guilty.

The Tribunal, Chaired by Prof. Abba Waziri-Hassan, said, “we have found the Respondent Doctor 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.”

“By the said fact, Owoicho-Odeh 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).

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“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, 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, this Tribunal hereby sentence the Respondent Doctor. Dr. Michael Owoicho-Odeh to 6 (six) months suspension on each of the two counts to run concurrently, ” the tribunal declared.

Our Correspondent reports that the tribunal verdict was a fall out of a case between the Chairman, Medical and Dental Practitioners’ Investigation Panel and Owoicho-Odeh following a complaint lodged by Mrs Sharon’s husband, Mr Maduabuchi Orji, who had alleged that Owoicho-Odeh had abused his position as a doctor to his family by engaging in an indecent and financial relationship with his wife.

It was on that premise that the matter was investigated by the Investigation Panel, which established a prima facie case against the Respondent- Doctor (Owoicho-Odeh) and accordingly, forwarded it to the Tribunal for adjudication.

The Prosecution, led by Mr Sunusi Musa, had told the tribunal that Owoicho-Odeh committed the offences and should be punished for such professional misconducts.

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 Aug. 11, 2016 (Exhibit 1), Affidavit of Dr. Michael Owoicho-Odeh dated Oct. 18, 2016 (Exhibit 2), the CTC of case Notes of ELROI Mission Hospital, Jos (Exhibit 3), Further and Better Affidavit of Maduabuchi Orji dated Dec. 21 2016 (Exhibit 4), 2nd further and better Affidavit of Maduabuchi Orji dated 26th March 26, 2018 (Exhibit 5), First Information Report (Exhibit 6) and Court process from Upper Area Court 1, Plateau State (Exhibit 7).

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.

But Owoicho-Odeh, In his counter Affidavit, through his Counsel, Mr Efa Oka, denied ever knowing 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.

Accordingly to him, his first contact with Mrs Orji was on the 25th October 2014 (six months after he had established his medical practice).

He claimed 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 that Mrs Orji came to the hospital for follow-up on Oct 27, 2014 and Nov 2, 2014 with persistent cough.

He further said that she (Mrs Orji) later brought her husband (the complainant) to the hospital on Nov. 17, 2014 and was treated with high blood pressure and diabetes and that after his treatment, he (complainant) requested for treatment of his children, wards and staff periodically.

Owoicho-Odeh also claimedsaid that the last time he treated Mrs Orji was on Dec. 26, 2015 and thereafter “I never had any improper relationship with Mrs Orji even though the relationship between Mrs Orji and I had always been a strick doctor/patient relationship. ”

“I had never, at any time, during the period I attended to Mrs Orji or after that, engaged in any inappropriate or immoral relationship with her, ” he had argued.

However, 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).”

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