Wrongly Convicted Database Record
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Charge: |
Medical Negligence |
Sentence: |
Suspended 6 months from practice as doctor |
Years Imprisoned: |
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Year Crime: |
1991 |
Year Convicted: |
1993 |
Year Cleared: |
2001 |
U.S. State or Country of Crime: |
Nigeria |
County or Region of Crime: |
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City of Crime: |
Onitsha |
Result: |
Judicially Exonerated |
Summary of Case: |
"Dr. John Emewulu Okonkwo was wrongly convicted in 1993 of medically megligent conduct for respecting the wishes of a female Jehovah Witness patient not to be given a blood transfusion, who subsequently died. Okonkwo was charged with medical negligence for failing to administer a life-saving measure to his patient. After Okonkwo's conviction by a medical board panel he was sentenced to six months suspension of his medical license. Okonkwo appealed, and the Court of Appeals overturned his conviction. The medical board appealed that ruling. On March 2, 2001 Nigeria's Supreme Court affirmed the appeals court's ruling vacating Okonkwo's conviction, in an opinion by S.C. Justice Emmanuel Ayoola that stated where a patient refuses medical treatment for religious reasons the professional capacity of the practitioner is not called into question by that fact alone. The Supreme Court also awarded Okonkwo N10,000 in costs." |
Conviction Caused By: |
Erroneous legal standard by the trial court. |
Innocence Proved By: |
"On March 2, 2001 the Supreme Court affirmed the appeals court's ruling vacating Okonkwo's conviction, in an opinion by S.C. Justice Emmanuel Ayoola that stated where a patient refuses medical treatment for religious reasons the professional capacity of the practitioner is not called into question by that fact alone." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Why SCourt quashed doctors conviction by medical tribunal, By Francis Famoroti (Judiciary staff writer), National Mirror, June 30, 2014" |
Information Location 1: |
http://nationalmirroronline.net/new/why-scourt-quashed-doctors-conviction-by-medical-tribunal/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org