The trial of two medical doctors, Michael Atiba and Michael Ugbeye, before the High Court of Lagos State, Ikeja, was stalled on Wednesday due to the absence of a witness.
The doctors are being tried for alleged involuntary manslaughter of a patient, Ejiro Ugorobi.
The case is presided over by Justice Oyindamola Ogala.
When the matter was called upon on Wednesday, 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 the case until Oct. 7, for trial to commence.
The Lagos State Government had on March 25, arraigned the medical doctors for alleged involvement in the involuntary manslaughter of the deceased patient.
Specifically, Atiba, a doctor at the Gbagada General Hospital, and Ugbeye, a Consultant with the National Orthopaedic Hospital, Igbobi, Lagos, are facing a count charge of involuntary manslaughter.
While the arraignment lasted, the counsel for the Lagos State Government, A. O. Azeez, said the incident took place on Oct. 21, 2023.
The lawyer also informed the court that the incident took place at No. 20, Michael Adekoya Street, Ilupeju, Lagos State.
He added that Atiba and Ugbeye unlawfully caused the death of one Ugorobi by wrongful application of medication before and after surgery.
According to him, the alleged offence contravenes Section 224 of the Criminal Law of Lagos State, 2015.
The medical doctors, however, pleaded not guilty to the charge, prompting Justice Ogala to give a trail date.
“Given the plea of the defendants, we are asking for a trial date,” he said.
Meanwhile, the lawyers for the defendants informed the court of their bail applications, both dated March 21 and 22, 2023, respectively.
The counsel for the second defendant, A. O. Fayemi, while moving the application for bail dated March 21, 2024, prayed to the judge to grant his client bail on self-recognistion
Fayemi revealed that the application was based on six grounds of 31 paragraphs.
He added 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, 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 five million naira each with two sureties each in like sum.
The judge directed that the sureties must be residents within the jurisdiction of the court.
He added that the sureties must present credible home and office addresses and must have credible financial status.
Justice Ogala ordered the sureties to present their BVN and NIN, evidence of payment of tax to the Lagos State Government, and explain their relationship with the defendants.
