JUSTICE Okechukwu Okeke of the Federal
High Court Friday convicted the producers of the killer teething syrup, my
pikin and sentenced them to seven years imprisonment, ordering the company to
be compulsorily wound up and its assets forfeited to the Federal Government.
In his judgment, Justice Okeke
convicted the accused on two counts, while he acquitted them on four counts.
He ruled: “The prosecution tendered
several exhibits in the trial of the accused, but failed to lead evidence that
the accused actually produced the adulterated drugs.
“I hereby find the accused not
guilty of counts one, two, five and six, dealing with production and
adulteration of drugs, while I find them guilty of counts three and four which
is conspiracy and sale of the drugs.
“The accused are hereby convicted as
charged.”
The convicts, Adeyemo Abiodun and
Ebele Eromosele and their firm, Barewa Pharmaceutical Company Ltd, were charged
with the production of killer syrup, my pikin, on an amended six-count charge
bordering on the offence by the National Agency for Food and Drug
Administration and Control (NAFDAC).
Before sentencing the accused,
defence counsel, Mr Osaro Eghobamien, made a passionate plea for mercy on his
clients.
He urged the court to make light the
sentence of the accused since they have been traumatised for over four years
since the case began. Eghobamien told the court that the Chief Executive
Officer of the accused Company, Kola Gbadegeshin died some months ago due to
shock arising from the suit.
He, therefore, urged the court to
temper justice with mercy. Shortly after the allocutus by defence counsel, the
first accused Adeyemo Abiodun, suddenly started shaking and gradually began to
collapse.
The Judge then summoned the medical
doctor in charge of the Federal High Court, who after examining the accused,
confirmed he was hypertensive, and his blood pressure, very high.
Justice Okeke then ordered that the
accused be offered a seat but proceeded with the delivery of the sentence.
“In as much as I appreciate the
passionate plea of learned silk, especially considering the state of the first
accused, I am however, bound by the provisions of the law.
“Having found the accused guilty on
two counts, the convicts are hereby sentenced to seven years imprisonment each
on the charge. The charges are to run concurrently.
“The company is also ordered to be
wound up compulsorily, in line with the provisions of the law, and its assets
forfeited to the Federal Government”, Okeke ruled.
In the trial, the prosecution called
seven witnesses, while the defence called only one witness. The offence for
which the convicts are sentenced, contravenes the provisions of section 1 (a)
of the Counterfeit and Fake Drugs and unwholesome processed foods
(Miscellaneous provisions) Act No. 25 of 1999. It attracts an imprisonment
term not less than five years or more than 15 years, or a fine of N500,000, or
both fine and imprisonment.
from The Guardian
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