OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants were, at the Federal High Court, Lagos, charged with the offences of importing dairy products for sale without registration, and labeling, packaging and advertising the said products in a manner that is false, misleading and likely to create a wrong impression as to its safety and quality, punishable under sections 6 and 7 of the Drugs and Related Products (Registration etc) Decree, 1993 (as amended by section 5 of the Drugs and Related Products (Registration etc) (Amendment) Decree of 1999, section 1(1) of the Trade Malpractices (Miscellaneous Offences) Decree No. 67 of 1992, and section 17 of the Food and Drug Act (Cap 150) 1990 (as Amended by Decree No. 21 of 1999).
Two out of the three accused, viz 1st and 3rd accused persons were served with the charge sheet while the 2nd accused was not served. However, a bench warrant of arrest was issued on the 2nd accused by the trial court based on purported service by the baili…