A medical doctor based in Adamawa State, Dr. Yakubu Hassan Koji, has been re-arraigned by the tribunal sitting of the Medical and Dental Council of Nigeria (MDCN) on a twelve-count charge bordering on negligence in the handling of a patient – Mr. Isa Hamma (now deceased).
The accused doctor performed an operation on the patient without informing him of the risks involved.
He was alleged to have in the process ‘mistakenly’ cut off the kidneys in the patient.
One out of the twelve count charge reads: “That you, Dr. Yakubu Hassan Koji, registered medical practitioner and practicing as such , between 25th June and 7th July, 2016 or thereabouts at Jimeta Clinic and Maternity, Jimeta, Adamawa State, were negligent when you undertook a surgical operation on one Isa Hamma and remove an organ you could not identify and by the said fact, conducted yourself infamously in a professional respect contrary to Rules 29.4f of the Code of Medical Ethics in Nigeria, 2008 Edition, and punishable under section 16 (1) (a) of the Medical and Dental Practitioners’ Act CAP M8 LFN 2004 (as amended).”
Although in earlier arraignment, Koji pleaded not guilty to one or two of the charges.
However, in a new twist, the respondent pleaded not guilty to all of the twelve-count charges.
The Defense Counsel, B. E Olowonubi, pleaded with the members of the tribunal for a little time to opt for the option to plea bargain his clients position.
However, the prosecution counsel vehemently opposed the position that a plea bargain can only be reached if the respondent accepts that he is guilty of the charges.
According to the Prosecution Counsel, Dr. Musa A. Aliyu: “We remember that this respondent had earlier pleaded guilty to a count or two; that would have been the proper pedestal to build a leniency of any punishment that can be meted to him.
“But he, after he has taken his plea, has taken a step to say ‘I am not guilty’, what are you bargaining again? Plea bargain will only result in – I am guilty.
“This is a tribunal established by law, and the proceedings are guided by law. In criminal crime, in the new development there are issues of plea bargain which the administration of criminal justice have introduced into our criminal justice system, which is accepted in the court.
“But to the best of our knowledge Mr. Chairman, there is no provision either in the medical ethics of Nigeria or in the Medical and Dental Practitioners’ Act, which empower the prosecution or the Medical and Dental investigation panel to enter into any bargain with somebody it has investigated and found that he has a case to answer, as a result of which a charge is proffered against him.”
He further said that if the respondent admits to the charges and pleads guilty then the issue of plea bargain will suffice.
If not, he said himself (prosecution counsel) and his team are ready to proceed with the prosecution and call their witness while tendering all the evidences they feel that are enough to have the respondent convicted of professional misconducts on all the charges proffered against him.
Chairman of the tribunal, Prof. Abba Hassan, reminded everyone that the respondent initially pleaded guilty on one or two of the charges.
But because he didn’t have a counsel, the tribunal granted him some time to prepare with one.
He pointed out he had changed his plea to all of them that he is not guilty.
“The issue is the removal of functional kidneys in an individual, which has led to the death of the patient. Even if you are going to do a plea bargain, the important thing which you raise is not our law now.
“In the review of the Act, if this comes in, but as far as I am concerned, the members of the tribunal have no option than to go ahead with the prosecution because the case is an issue of somebody who lost both of the organs and the patient is dead. It is only fair to the complainants that we conclude this case to a surgical conclusion,” he said.
The case continues on Wednesday with judgment expected from the tribunal.