“He Is Free To Practice” — Court Orders MDCN To Restore Dr. Elusoji’s Name To Medical Register

The Federal High Court in Abuja has ordered the Registrar of the Medical and Dental Council of Nigeria (MDCN) to immediately relist the name of Dr. Sunday O. Elusoji in the register of medical and dental practitioners in Nigeria.

Justice Obioma Egwuatu, who delivered the judgment on April 10, 2025, also directed the MDCN to promptly notify the University of Benin Teaching Hospital (UBTH), the Edo State Ministry of Health, and the Federal Ministry of Health, Abuja, of the relisting.

The court held that under Section 16 (4) and (7) of the Medical and Dental Practitioners Act (MDPA) and in line with the Court of Appeal judgment in CA/ABJ/CR/115/2022, which set aside the April 8, 2021 direction of the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT), Dr. Elusoji is free to resume medical practice in Nigeria.

Justice Egwuatu further declared that the six-month suspension imposed by the appellate court expired on October 8, 2021, thereby restoring all Dr. Elusoji’s professional rights.

The suit, marked FHC/ABJ/CS/1130/2023, was filed by Dr. Elusoji through his counsel, Ikechukwu Emery, following the MDCN’s refusal to comply with the appellate court’s ruling that overturned his earlier conviction by the MDPDT.

Dr. Elusoji, a consultant surgeon and professor at UBTH, was in 2021 found guilty by the MDPDT for alleged professional misconduct in his treatment of one Mr. Uwa Osagie at his private facility, Our Medical Centre in Benin City.

However, the Court of Appeal, in its October 27, 2022 judgment, nullified the tribunal’s decision and substituted it with a six-month suspension, effective from April 8, 2021. The Federal High Court has now reaffirmed that the disciplinary process has run its course and ordered full compliance with the appellate ruling.

Justice Egwuatu also noted that contrary to MDCN’s claim, there was no valid appeal pending before the Supreme Court against the appellate court’s decision.

With the latest ruling, the MDCN is bound to restore Dr. Elusoji’s name to the register and communicate same to all relevant health institutions.

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