Federal Republic of Nigeria v. Barewa Pharmaceutical Limited & Others
(My Pikin Baby Teething Mixture Case)
Federal High Court, Lagos Judicial Division
Judgement delivered on: May 17, 2013
Citation: 52 NIPJD [FHC. 2013] 70C/2009
Case No.: FHC/L/70C/09
Judge: Hon. Justice Okechukwu Okeke
Jurisdiction: Nigeria
Area of Law
- Food and Drug Law
- Pharmaceutical Regulation
- Criminal Law
- Consumer Protection
- Public Health
BETWEEN:
Federal Republic of Nigeria
vs.
- Adeyemo Abiodun
- Egbeie Austine Eromosele
- Barewa Pharmaceutical Limited
Facts
The defendants were charged in connection with the manufacture and distribution of MY PIKIN BABY TEETHING MIXTURE, following allegations that the product was adulterated and that its sale resulted in serious public health consequences.
The prosecution alleged that the defendants manufactured, distributed and sold the product in violation of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act and the Miscellaneous Offences Act.
Charges
COUNT ONE
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 manufactured an adulterated drug to wit: MY PIKIN BABY TEETHING MIXTURE AND YOU THEREBY COMMITED AN OFFENCE CONTRARY TO Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34 Laws of the Federation of Nigeria, 2004 and punishable under Section 3 of the same Act.
COUNT TWO
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 distributed an adulterated drug to wit: MY PIKIN BABY TEETHING MIXTURE to Roca Pharmacy of 34 Balogun Road, Agege, Lagos and you thereby committed an offence contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34 Laws of the Federation of Nigeria, 2004 and punishable under Section 3 of the same Act.
COUNT THREE
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 did conspire among yourselves to sell dangerous drug to wit: MY PIKIN BABY TEETHING MIXTURE to Roca Pharmacy of 34 Balogun Road, Agege, Lagos which did not represent the quality you represented it to be and you thereby committed an offence contrary to Section 1(18)(a)(ii) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(18)(a)(ii), 1(18)(b)(ii) and 3 of the same Act.
COUNT FOUR
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 sold dangerous drug to wit: MY PIKIN BABY TEETHING MIXTURE to Roca Pharmacy of 34 Balogun Road, Agege, Lagos which did not represent the quality you represented it to be and you thereby committed an offence contrary to Section 1(18)(a)(ii) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(18)(a)(ii), 1(18)(b)(ii) and 3 of the same Act.
COUNT FIVE
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 did conspire among yourselves to adulterate a drug to wit: MY PIKIN BABY TEETHING MIXTURE and you thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(18)(a)(i) and 3 of the same Act.
COUNT SIX
That you Adeyemo Abiodun, Egbeie Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable court on or about October, 2008 adulterated a drug to wit: MY PIKIN BABY TEETHING MIXTURE so as to change materially the quality or efficacy of the same without notice to the purchasers, knowing that same will be sold as a drug and you thereby committed an offence contrary to Section 1(18)(a)(i) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(18)(a)(i) and 3 of the same Act.
Trial Proceedings
Trial proceeded before Okeke J of the Federal High Court, Lagos Division. The Prosecution called seven witnesses. The Appellant as the 2nd accused person testified as DW1 and is the only witness for the Defence; exhibits were tendered and admitted in evidence. Final addresses were filed and duly adopted.
Judgment
In its judgment delivered on May 17, 2013, the Federal High Court discharged and acquitted the 1st and 2nd accused persons on Counts 1, 2, 5 and 6 but convicted them on Counts 3 and 4. They were sentenced to seven years imprisonment on each of Counts 3 and 4, the terms to run concurrently.
The Court ordered that the assets of the 3rd accused, Barewa Pharmaceuticals Ltd, be wound up and forfeited to the Federal Government of Nigeria.
Key Holding
- The defendants were discharged and acquitted on Counts 1, 2, 5 and 6.
- The defendants were convicted on Counts 3 and 4.
- Each convicted defendant was sentenced to seven years imprisonment on Counts 3 and 4, with the sentences to run concurrently.
- The Court ordered the winding up of Barewa Pharmaceutical Limited and the forfeiture of its assets to the Federal Government of Nigeria.
Appeal History
The judgment was appealed by the convicted defendants.
Court of Appeal
Egbeie Austine Eromosele v. Federal Republic of Nigeria
- Court of Appeal
- Appeal No. CA/L/550A/2013
- Decision delivered on 30 May 2016. The appeal arose from Federal High Court Suit No. FHC/L/70C/09. The Court of Appeal affirmed the convictions on the relevant counts but set aside the order winding up the company and the forfeiture of its assets, among other consequential orders.