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BAREWA PHARM. LTD
V.
FRN

(2016) JELR 40154 (CA)    

Court of Appeal  ·  CA/L/550B/2013 ·  31 May 2016 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA JCA YARGATA BYENCHIT NIMPAR JCA JAMILU YAMMAMA TUKUR JCA

Ratio Decidendi

Core Terms Beta
counsel
appellant
evidence
pikin baby teething mixture
accused persons
learned trial judge
lower court
pikin baby
senior counsel
roca pharmacy
dangerous drug
diethylene glycol
reasonable doubt
barewa pharmaceutical limited
jurisdiction of the honourable court
lagos state
shasha road akowonjo
amended charge
evidence of pw4
scientific evidence
accused person
fake drugs
guilt of the accused person
miscellaneous provisions
relevant evidence
accused person's possession
adulterated drug
batch no
contradictory evidence
cross-examination
evidence of conspiracy
evidence of the defence
finding of failure
laboratory analysis
proper test procedures
3rd convict
absence of strict scientific evidence
appropriate officers of the respondent
briefs of argument
case of scientific evidence
inspector-general of police v
laboratory of nafdac
laboratory report exhibit t
learned trial judge ought
separate notices of appeal
suspected adulterated product


CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The appellant and two others were arraigned in the Lower Court on an amended charge which read as follows:

"COUNT ONE:
That you Adeyemo Abiodun, Egbele 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, Egbele 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…
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