After nearly eight years of legal battles and personal hardship, Dr. Nwaopara Adolphus Uche, a consultant psychiatrist and former Medical Superintendent of the Federal Neuropsychiatric Hospital, Eket, has been freed by the Court of Appeal sitting in Uyo, which quashed his conviction and declared his trial unconstitutional.
In a landmark judgment delivered by Justice Abiodun Azeem Akinyemi JCA, the appellate court found that the Akwa Ibom State High Court—where Dr. Nwaopara had earlier been tried and sentenced—violated core tenets of fair hearing, justice, and constitutional due process.
Dr. Nwaopara was convicted on October 4, 2023, by Justice Nseemeke Daniel under Suit No: HEK/13C/2018, but the conviction has now been set aside in Appeal No: CA/C/376C/2023. The decision was endorsed by a powerful three-man panel led by Hon. Justice Monica Dongban-Mensem, President of the Court of Appeal, and Justices Peter O. Affen and Abiodun Akinyemi.
In its ruling, the court held that the trial judge had wrongly assumed the appellant had been served with necessary legal documents, including the proof of evidence. This assumption, according to the appellate court, was not just an oversight but a serious miscarriage of justice.
“A trial that proceeds in ignorance of whether the accused has been properly served is not just flawed; it is illegal,” Justice Akinyemi stated.
He further ruled that refusal to grant the appellant’s request for the proof of evidence was a violation of Section 36(6) of the 1999 Constitution, which guarantees the right of every accused person to adequate time and facilities to prepare a defense.
Beyond the procedural irregularities, the Court of Appeal noted that the state failed to prove its case beyond reasonable doubt. The entire trial, it said, was compromised by bias and a lack of legal merit.
“When a court shuts its eyes to the rights of the accused, any resulting conviction cannot stand,” the ruling concluded.
The court therefore set aside the conviction and sentence, and discharged and acquitted Dr. Nwaopara of all charges.
In his reaction, Dr. Nwaopara described the ruling as a “victory for truth, justice, and professional dignity.” He alleged that his ordeal stemmed from vendetta and tribal politics within the health institution, triggered by his sweeping reforms and anti-corruption stance.
“I was sabotaged and targeted for demanding accountability,” he said. “What I faced was not just a legal battle, but a calculated effort to destroy my reputation.”
While serving as Medical Superintendent, Dr. Nwaopara oversaw the renovation of major hospital units, ended unauthorized cash collections, implemented structured financial systems, and attracted corporate social responsibility donations from Mobil Producing Nigeria Unlimited—initiatives that earned him enemies among entrenched interests.
The appeal was initially filed by the late Faye Dikkio SAN, and concluded by Dr. Edwin S.C. Obiorah SAN, assisted by Obiajulu JA Esq. and E. Sunny Esq. The Akwa Ibom State Government was represented by Ime Ifon (Mrs) Esq.
Dr. Nwaopara extended gratitude to his lawyers, supporters, and professional colleagues, particularly the Association of Psychiatrists in Nigeria (APN), whose President, Prof. Taiwo Obindo, provided strong moral support during the ordeal.
Though vindicated, Dr. Nwaopara says the scars of the experience remain. “This should never happen to any professional trying to do the right thing,” he noted. As he begins to rebuild his life and career, questions linger about how a system meant to uphold justice was manipulated so easily.