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FCCPC Commences Investigation Over Alleged Unprofessional Conduct Leading To The Deaths Of Two Persons:

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Pursuant to Sections 17(a), (e), (h), (l), (s), (t), (y) of the Federal Competition & Consumer Protection Commission (FCCPA)

Monday, May 10, 2021: Between Friday May 7th and Sunday May 9th, the Federal Competition & Consumer Protection Commission (Commission) learned from multiple channels and sources about the sad and unfortunate deaths of Mrs.

Peju Ugboma after a surgical/medical procedure at Premier Hospital, Victoria Island, Lagos State; and Ms. Omolara Omoyajowo after receiving care at Beachland Specialist Hospital, Arepo, Ogun State.

With respect to Late Mrs. Ugboma, publicly available information suggests that she was admitted at Premier Hospital, Victoria Island, Lagos State, on Thursday, April 22nd, 2021, to undergo what appeared to be an elective procedure on Friday, April 23rd, 2021. The information also imply that the procedure appeared to be uneventful, and the patient survived the operation.

However, subsequent to the procedure, complications may have arisen. Premier continued management, including intensive care. The patient invariably deteriorated. On Sunday
April 25th, 2021, a decision was made to transfer the patient for further care and management to Evercare Hospital, Lekki Phase 1, Lagos. She was transferred accordingly. Mrs. Ugboma ultimately died in the afternoon of Sunday April 25th, 2021.

Similarly, available information seems to indicate that Late Ms. Omoyajowo was admitted at Beachland Specialist Hospital in Arepo, Ogun State on Wednesday May 5th, 2021, where she was receiving medical attention. Her condition appeared to deteriorate, and the hospital decided that the patient needed to be transferred to a teaching hospital in Lagos State. She was thereafter transferred. Ms. Omayajowo was declared dead on arrival at the next facility on Thursday May 6th, 2021.

In both cases, relatives and friends allege mismanagement including failure of professional standards; as well as patient care/customer service standards including timely responses to requests.

The Commission in 2018, in collaboration with multiple healthcare professional associations led by the Nigerian Medical Association, and the Federal Ministry of Health promoted, created, and secured the adoption of the Patients’ Bill of Rights (PBoR). The rights enshrined therein are provider obligations that otherwise exist in other enforceable instruments/codes governing healthcare delivery.

Further, and in addition, the Federal Competition & Consumer Protection Act (FCCPA) mandates the Commission to enforce “any enactment with respect to the protection of consumers, conduct investigations into matters related to consumer protection; ensure consumer interests receive due consideration, and provide redress to obnoxious practices; ensure service providers comply with local and international standards of safe service delivery” Section 17(a), (e), (s) and (y).

The Commission does not investigate or evaluate conduct to determine professionalism, ethics or violation of professional/ethical codes. The Commission does not make determinations with respect to the professionalism or adopted procedures of qualified and authorized professionals. However, the Commission investigates and considers whether service providers sufficiently respect rights of consumers and applicable standards of care in compliance with those rights, including providing redress or remedies for injured consumers.

Initial information gathered is sufficient for the Commission to open an active investigation into these cases. As such, the Commission has today issued Notices of Commencement of Investigation & Summons to Produce (NCISP) to relevant persons/entities. The Commission is also communicating with the Medical & Dental Council of Nigeria (MDCN), to expand engagement to the extent that any pertinent conduct may be otherwise unprofessional and, or may be subject of any disciplinary process (if applicable).

The Commission invites information from the public that may assist in this investigation, including where same is not directly applicable to these incidents, but potentially relevant to a robust and more meaningful inquiry into the subject matter or similar/ancillary occurrences with respect to the parties identified in, or relevant to these investigations. The Commission requests that such information be sent electronically to: [email protected]

Finally, considering the sensitivity of these sad events, and in respect and deference to families/affected persons or reputation of both professionals and facilities, the Commission advises candor and restraint in discussions and pronouncements about the occurrence and investigation.

Babatunde Irukera
Executive Vice Chairman/ Chief Executive

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Grazing Routes: Malami Failed To Offer Proper Advice, Says says land use act superior to gazette -Sagay

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President Muhammadu Buhari’s insistence on the recovery of cattle grazing routes in parts of the country, may be a function of the alleged failure of the Attorney General of the Federation (AGF) and Minister of Justice, Mr.

Abubakar Malami (SAN), to offer “proper advice” on its legality. Recall that President Buhari had, in an interview with a national television station about two weeks ago, directed the AGF to begin the process of recovering grazing routes, in the wake of farmers/herders’ crisis in the country. He had predicated his order on a gazette that was made in the early 1960s’ delineating some routes for herdsmen to graze their cattle. However, the Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), has argued that the Land Use Act, which is a piece of legislation, has overriding power over the said gazette.


Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN and chairman of the Presidential Advisory Committee Against Corruption, PACAC, Prof. Itse Sagay, SAN

The Professor of Law and Senior Advocate of Nigeria, made the intervention in a telephone conversation with our correspondent. He submitted that the land use act, as captured in the Constitution of the Federal Republic of Nigeria 1999 (as amended), vests the ownership of land on the respective state governors. “My view is that the Attorney General of the Federation has not advised the Head of State (President) properly on this matter. “He has not done his job to advise him (President) that grazing routes are no longer a viable option legally, or even practically.

Because, where are the routes now, even if they existed before? “This has been discussed over and over again, and the Land Use Act is embedded in the Constitution (of the Federal Republic of Nigeria 1999 as amended). “Obviously, it over takes and overrides any other thing that came before it,” Sagay said. This was as he further submitted that the act, captured in the Constitution of the Federal Republic of Nigeria 1999 (as amended), vests the ownership of land on the respective State Governors who in turn hold the same in trust for their people.

The PACAC Chairman also interrogated the concept of grazing routes in contemporary society, concluding that the culture was no longer a viable one. Hear him: “There is no question about that. The governor is the owner of all state land in trust for the people.

“Secondly, all societies develop. A culture, which was practised a thousand years ago…driving cattle through thousands of kilometres, is no longer viable in a modern society for many reasons.” Asked to specifically situate the place of the gazette of the grazing route within the context of the Constitution, Sagay said: “That is what I’m saying now.

The Land Use Act is embedded in the constitution. “So, it has that superior legislative authority over any other thing. So, even if there was a conflict between it and the gazette of the grazing route, it (land use act) will take precedence over that gazette. “There is no question about that. In any case, in law, if you make two laws that contain the same or different contents, the latter one always prevails over the earlier. “So, we are talking of something made in the early ’60s, and we are now talking of a Constitution of 1999. There can be no question of which one is superior, and which will prevail over the other.”

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Just In: National Assembly roof leaking

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An early morning downpour on Tuesday led to the leaking of the National Assembly roof with water splashing to the lobby of the federal parliament.

The leaking roof also spread to the Press Centre in the Senate wing of the nation’s apex legislative institution.

The leadership of the National Assembly had in 2020 approved N37bn for the renovation of the edifice, built about 27 years ago.

Cleaners had a hectic time scooping water from the floor while the development delayed the sitting of the senators who resumed on Tuesday after a one-week break to mark the end of their second legislative year.

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Pay Us Our Money: Heritage Bank Workers Storm Senator Uba’s House In Abuja, Ask Him To Pay Up His Debt

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Staff members of Heritage Bank Plc have accused Senator Andy Uba, representing Anambra South Senatorial District in the Senate, of collecting loans from the bank and refusing to pay them back

Over 20 young bank workers – Men and women, in branded T-shirts and Jean trousers are seen in a video gathered in front of what they described as Uba’s house in protest, with placards in hand.

A voice in the video said they were staff members of Heritage Bank and were at Senator Uba’s residence in Abuja to put pressure on him to pay back his loans after several efforts had failed.

They said they felt compelled to take the action because their jobs were at stake, adding that they would likely lose their jobs if the loans were not repaid.

The voice said: “Good morning, ladies and gentlemen. Today is Monday, the 21st day of June 2021, and we have here the staff members of Heritage Bank Pl, Abuja. We are in front of Senator Andy Uba’s house in Abuja.

“Senator Uba has been owing the bank for a couple of years now, and we are here for a peaceful meeting with him, very peaceful meeting. To ask him to kindly repay those loans, because they are depositors’ funds.

“Those monies, if they are not repaid, will throw the number of the people you see here, with their families out of work. And we know the situation of the economy now. If this number of people are thrown out of work, you know what it means.

“So that people will not lose their job…”

The senator whose net worth as of February 2021 was put at $2.1 billion, has demanded a probe into rumours of his arrest over money laundering, noting that he was never arrested for any reason in 2019.

He said he was surprised when his attention was drawn to a news report in the media that he was arrested in Lagos with a huge sum of money.

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