PAUL ADAMU GALINJE, JSC (Delivering the Leading Judgment): The Appellant herein along with one other accused person and Barewa Pharmaceutical Limited were arraigned before the Federal High Court, Lagos on a six counts amended charge for various offences under Counterfeit and Fake Drugs And Unwholesome Processed Foods (Miscellaneous provisions) Act Cap C34 Laws of the Federation of Nigeria 2004, and Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria 2004. The Appellant and his co-accused pleaded not guilty to the charge. In order to prove its case the prosecution called seven witnesses and tendered several documents that were admitted in evidence.
The Appellant who was the 2nd accused person at the trial Court was the only witness called by the defence and he testified as DW1. At the end of the trial, and in a reserved and considered judgment, delivered on the 17th May, 2013, Okeke J found the Appellant and the two other accused persons guilty of the offence under coun…