CADBURY NIGERIA PLC. & ORS.
V.
FRN

(2004) JELR 45082 (CA)    

Court of Appeal  ·  CA/L/351/2002 ·  1 Jul 2004 ·  Nigeria
 · 
Other Citations
Cadbury (Nig.) Plc. v. F.R.N. (2005) 5 NWLR (Pt.918)332
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellants
complainant
counsel
2nd accused
2nd appellant
application
charge
learned counsel
trial court
trial judge
charge sheet
learned trial judge
offences
order
registration
state
arrest of the 2nd appellant
decree
drugs
issues
law
second issue
accused person
amicable resolution of the issues
arrest of the 2nd accused
bailiff of the court
bench warrant
bench warrant of arrest
dairy products
drug administration
federal high court
grounds of lack of jurisdiction
leading judgment
lower court
miscellaneous offences
national agency
order of the bench warrant
persons
preview of the judgment
responsible corporate person
said products
sections
set aside
submission of the learned counsel
third issue
view of the resolution of the issues
viz 1st
wrong impression

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…

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