There is a confusion over the DPP Legal Advice on prosecution of Two Chinese nationals, HUZHI NENG and ZHANG CHUANHONG who were arraigned for alleged impersonation as medical practitioners by the Police.
The Magistrate adjourned for the second term over non availability of legal advise from Ministry of Justice in its docket.
Investigation revealed that the DPP advice has been issued since March 19, 2021 and same has been served on the prosecutor and defence lawyers.
However at the resumption of trial, the presiding Magistrate, S. K. Matepo informed counsels that the court has not been furnished with the DPP Legal Advice.
Counsels in the matter are suprised to the misery while the court does not have the copy of the DPP Legal Advice while they have been served with a Certified True Copy of the document.
The development made the counsels to pray for another adjourned date for the adminstrative lapses to be addressed.
Magistrate Matepo thereafter fixed April 12 for another hearing date.
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In the said DPP Legal Advice obtained by Top Court News, the State recommended the first defendant, HUZHI NENG for trial while exonerating the second defendant, ZHANG CHUANHONG.
“this Office shall prosecute Pages B1, HUZHI NENG for the Offences of Involuntary Manslaughter and Reckless and Negligent Act under Section 224 and 251(1) (e) and (f) respectively of the Criminal Law C.Ch 17 V 1 3 Laws of Lagos State.
PAGE B2, ZHANG CHUANHONG should be release to the Nigeria Immigration Services for immediate repatriation to his country China as he has no valid visa to enter into Nigeria”
During their arraignment on February 1, at the Chief Magistrate Court in Ogba, the presiding Magistrate, A. O. Adigun had adjourned for Directorate of Public Prosecution, DPP, to issue legal advice over the charges.
The Intelligence Response Team of the Nigeria Police had arraigned them on a five-count charge offence bordering on impersonation.
According to the Police counsel, Nosa Watson Uhumwango, the defendants were alleged to have been recklessly and in a negligent manner, given medical treatment to patients without license of operation leading to the death of many victims.
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Uhumwango said the defendants, with the intent to defraud, did falsely represent themselves to be qualified Medical Practitioners and thereby committed an offence punishable under Section 380 af the Criminal Law of Lagos State of Nigeria, 2015.
The incident occurred at No 8, Adeyeri close, Off Opebi Road, Ikeja between January 28, 2017, and October 31, 2020
The defendants pleaded not guilty to all the charges after a Chinese Interpreter read the charge to them.
Subsequently, the court ordered the Police to transfer the case file to the Directorate of Public Prosecution (DPP) for legal advice.
