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Tag: My Pikin

  • “My pikin, is dis Abule-Egba?”

    “My pikin, is dis Abule-Egba?”

    It is true, as the Yoruba people say, that tita riro lanko’la; to ba jina, a d’oge (the pain that comes with tribal incisions ultimately gives way to beauty when the wound heals). Perhaps nothing confirms this saying better than the Abule-Egba flyover commissioned by the Lagos State governor, Akinwunmi Ambode, on May 17. Please pardon me if I over-celebrate the Abule-Egba flyover. That is my area and bringing development so close to my doorstep, especially concerning a road that many motorists and commuters used to dread, is something worth celebrating. That ugly sight has given way to the aesthetic beauty that now defines the Abule-Egba axis. Not even the traffic lights could stop the bedlam there in the past, especially when there were no traffic officials or policemen. Even when these were there, there were occasions that they were overwhelmed and would just abandon motorists to their fate.

    Governor Ambode had earlier in the day commissioned other projects, including the Ajah flyover as well as Freedom and Admiralty roads in Lekki.

    One must commend the governor for these wonderful gifts. Truly, Ambode is not just coming, he has come indeed. Lagosians must see themselves as blessed. I have always said it whenever I write on the developments in Lagos, that these things are possible not just because the state is rich but because it has had successive governments led by men with great ideas who are ready and willing to translate these into reality. Which of the other equally endowed states in the country comes near Lagos in terms of development? And to think that Lagos State has more than 17 million people to cater for. How many of the other rich states have a third of these? The question then is, what are they doing with their money? Unfortunately, most of the leaders from such states try to block what is rightfully due to Lagos as a result of its huge responsibility to tend to the needs of people who come to the ‘city’ from all over the country. Many of them never return after tasting the allures of the city life that Lagos provides. In fact, many never planned to.

    Lagos has been one huge construction site since 1999 when we returned to civil rule. The transformation is simply amazing. Such was the dazzling speed with which the state is being transformed that a woman, in the Babatunde Raji Fashola years who was coming to Lagos from somewhere in the east  refused to alight from the bus she travelled in when she was told she was at Oshodi. She could not believe the metamorphosis that has taken place there between when last she came and the time of her revisit. “My bikin, it is Oshodi?”, she asked in bemusement of what she was seeing, to confirm that she was not about being conned by some smart Lagos boys. Apparently, she had been told that’Eko o gba gbere’ (there is no room for nonsense in Lagos). Another person was said to have asked a similar question when she was told to get down at Ojodu/Berger Bus Stop where she was going the other day. She, like many others are still asking from where Governor Ambode got the idea of the kind of change he effected in the place. It is simply wonderful.

    But one man whose name cannot be missing when the history of the new Lagos is written is Asiwaju Bola Ahmed Tinubu. He is the architect of the positive changes that we have been witnessing in Lagos since 1999. It was under him that the state began to expand its revenue base such that his government was able to call the bluff of the bully Olusegun Obasanjo presidency that withheld its local governments’ allocation for over a year. The state made a bold statement that it could survive without the money and it did. Many other states would have crumbled under Obasanjo’s jackboots. Apart from Tinubu’s laudable legacy on the state revenue base, he has also been the deciding factor of the helmsmen that have governed the state after him. Without doubt, Tinubu took his eyes to the market to shop for his successors. And, whatever it is that is making Ambode to be going at the speed he is going in fulfilling his campaign promises to Lagosians, the most important thing is that Lagos and Lagosians are the better for it.

    But there is something that people in Abule-Egba would be missing now that the flyover has been commissioned. This is the entertainment provided by some cripples at the Iyana-Ipaja end of the flyover when it was under construction that played their own kind of football there, right on the asphalt. (I don’t know what to call what they were playing, even though it was football but they were not playing with their legs; they played the ball with their hands on the improvised mobile seats that they sat on). It was fun; as they attracted quite a substantial number of spectators on the Sundays that I watched them play.

    Indeed, this was one of the things that fuelled my desire to visit the construction site on those Sundays. The place is only about 20 minutes trekking distance from my house, and the curious part of me never let go; always wishing for the day the flyover would be commissioned. I made up my mind to make what I saw a part of my piece whenever the flyover is commissioned. It was really inspiring that the cripples did not allow their disability to deny them of happiness in their own little way, or even stop them from entertaining others. The spectators either clapped in appreciation of a superlative pass or goal by the cripples; or jeered when they fumbled. Their audacity to play on asphalt without minding whether they could get injured in the process was something else. Even those of us who can stand upright would think twice before taking some of the risks they took playing on such a hard surface. The commissioning of the flyover automatically ended the fun provided by those wonderful people forever, as the road and flyover have been handed over to the real owners, the motorists. But the cripples will be sorely missed.

    One can only continue to urge Ambode on. The plan to make Lagos a true megacity appears to be on course. By the time some of the things in the pipeline are actualised, even the culture of people will change. The ‘Danfo’ driver that had been used to rough life and fighting with knives or broken bottles will suddenly find out there is no room for such in the new Lagos. People who defecate just about anywhere would begin to see sense in doing it at the right places. Those who are expecting the people at the Abule-Egba axis to turn the fountain there to public convenience would be disappointed when that time comes. It is only a matter of time. We will surely get there.

    All said, however, Governor Ambode should honour his promise to rehabilitate the roads that served as ‘beasts of burden’ while the Abule-Egba flyover was under construction. One is talking about the inner roads in the axis to where vehicles were diverted when construction of the flyover was ongoing. This is the only thing that can elongate the life of the flyover and also encourage other residents to cooperate with the state government on other such projects in their areas in the future.

    One can only wish that the Federal Government would continue the modernisation of the Lagos-Abeokuta Expressway from wherever the Lagos State government stops so that the road can relieve the Lagos-Ibadan Expressway of the burden of accommodating virtually everyone leaving Lagos for Ibadan, or other places in the country. This will go a long way in decongesting the expressway, especially whenever there are impediments on the road.

  • My Pikin: Appeal Court affirms convicts’ seven-year jail term

    My Pikin: Appeal Court affirms convicts’ seven-year jail term

    The Court of Appeal sitting in Lagos yesterday upheld the judgment of the Federal High Court, which sentenced two Barewa Pharmaceutical Company Limited workers to seven years’ imprisonment each for selling a killer teething syrup, ‘My Pikin.’

    In a unanimous decision delivered by Justice C. E. Iyozoba, the court held that the complaint of the appellants, Adeyemo Abiodun and Ebele Eromosele, was without merit and fined them N1 million.

    The Justice added: “Throughout the gamut of the trial, the appellants never denied that they were the manufacturers of the contaminated drug ‘My Pikin’ teething syrup.”

    The court in 2013 delivered a similar judgment on the appeal, but the Supreme Court faulted the verdict, because it was determined on an abandoned notice and grounds of appeal.

    In a verdict delivered by Justice Bode Rhodes-Vivour, the apex court ordered the appeal court to rehear the appeals on the “valid notice/grounds of appeal” filed on July 3, 2013.

    In yesterday’s judgement, Justice Iyozoba affirmed the convictions and held that samples of the contaminated drug were tested in a laboratory, noting that the process of testing was “clear and smooth”.

    The court added that there was no need for additional scientific evidence as requested by the appellants.

    “The drug in question is manufactured by only the appellants. No other pharmaceutical company produces the drug. So, any of the product in Nigeria is manufactured by the appellants.

    “There was no contradictory evidence as both the appellants and respondent confirmed that the contaminated drug was manufactured by the appellants”, the court held.

    Others on the panel are Justice Y. Nimpar and Justice J. Y. Tukur.

    But, the court held that the high court was wrong when it convicted the appellants for conspiracy.

    It added that the prosecution did not establish any evidence showing that the appellants conspired to manufacture and distribute the contaminated drug.

    It set aside their conviction for conspiracy, adding that this would have no effect on the seven-year jail term, which will run concurrently.

     

     

    The court also set aside the order of the High Court winding up the company and the order of forfeiture of assets to the Federal Government.

    The court held that Section 118(b) of the Miscellaneous Offences Act did not empower the trial judge to wind-up the company and order forfeiture of its assets.

    It added that what the trial judge ought to have done was to order forfeiture of the contaminated drugs and not the company’s assets.

    Justice Okechukwu Okeke of the Federal High Court, Lagos sentenced Abiodun and Eromosele on May 17, 2013 for selling the syrup known as “My Pikin’’.

    The convicts were prosecuted by the National Agency for Food and Drug Administration and Control, NAFDAC.

    Justice Okeke found them guilty of conspiracy and sale of adulterated teething mixture which caused the death of more than 80 children.

    The court ordered that the company should be wound up and its assets forfeited to the government.

  • Supreme Court faults Appeal Court’s decision in My Pikin case

    Supreme Court faults Appeal Court’s decision in My Pikin case

    The Supreme Court has faulted the December 2013 judgment of the Court of Appeal, Lagos, which upheld the conviction of the manufacturer of My Pikin baby teething mixture and two employees.

    The manufacturer, Barewa Pharmaceutical Company, its Production Manager, Adeyemo Abiodun and Quality Assurance Manager, Egbele Eromosele were in 2008 charged with production of the dangerous syrup which purportedly resulted in some deaths.

    Justice Okechukwu Okeke, of the Federal High Court, Lagos on May 17, 2012, convicted the three and  sentenced to seven years each for conspiracy to sell the dangerous drug.

    He handed them another seven years for actually selling the syrup, but ordered that the sentences should run concurrently.

    The judge, who retired a day after the judgment, ordered the company to be compulsorily wound up and its assets forfeited.

    The charge was initiated by the National Agency for Food and Drug Administration and Control (NAFDAC).

    The Court of Appeal, Lagos in its judgment in 2013 upheld the decision of the Federal High Court, but only set aside the aspect concerning the winding-up of the company.

    In its unanimous judgments in three appeals filed by the company, Abiodun and Eromosele, the apex court faulted the Court of Appeal, Lagos on the ground that it determined the convicts’ appeals on an abandoned notice and grounds of appeal.

    Justice Bode Rhodes-Vivour, who wrote the lead judgments in the three appeals, ordered that the appeals be remitted to the Court of Appeal, Lagos for it to hear the appeals on the “valid notice/grounds of appeal” filed on July 3, 2013.

    Justice Rhodes-Vivour’s judgment was read by Justice Sylvester Ngwuta.

    Justice Rhodes-Vivour noted that, of all the issues raised in the appeals, it was discovered that issue two was a threshold issue, to the effect that the Court of Appeal, Lagos division abandoned the operative notice of appeal and relied on the abandoned notice of appeal

    He said the three appeals were determined by the apex court on that ground alone and that there was no need going into the substance of the appeals.

    “In conclusion, it is hereby ordered that this appeals be remitted to the Court of Appeal for hearing de novo (afresh) on the valid notice of appeal filed on 3rd of July 2013.”

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, who was part of the five-man panel said the court lacked the power to hear the appeal and determine it as requested by the appellants’ lawyers.

    “The provision of Section 22 of the Constitution is not available for such kind of practice because, the power of the Court of Appeal to hear appeal from the trial court cannot be usurped by this court

    The section places exclusive power, to hear appeal from the High Court, to the Court of Appeal. This court cannot exercise such power. If it does, it is just mere formality,” the CJN said.

    Other members of the panel: Justices Ngwuta, Suleiman Galadima and Datijo Mohammed agreed with the reasoning by Justice Rhodes-Vivour and the CJN.

  • Convicted My Pikin producers seek bail

    Convicted My Pikin producers seek bail

    Two convicted employees of Barewa Pharmaceutical Limited- Adeyemo Abiodun and Egbele Eromosele- accused of producing and selling adulterated baby teething mixture, My Pikin, have asked the court for bail, pending the determination of their appeal.

    Abiodun, who was the company’s Production manager, Eromosele the Quality Assurance manager and the company were initially arraigned with the Managing Director, Kola Gbadegbesin Okunlola.

    Okunola, a United Kingdom trained pharmacist, died of haemorrhagic stroke in October 2012 midway into the trial, prompting the prosecuting agency, the National Agency for Food  and Drugs Administration and Control (NAFDAC) to amend the charge, deleting his name.

    Justice Okechukwu Okeke (now retired) of the Federal High Court , Lagos, in a judgment on May 17, last year, convicted them and ordered the closure of the company and its forfeiture to the Federal Government.

    Okeke said he convicted the three (including the company) for the sale of adulterated drug, but that the prosecution failed to adduce sufficient evidence to back the allegations that they were involved in the manufacturing and the adulteration of the drug. He sentenced them to seven year imprisonment each.

    The Court of Appeal, Lagos to which they appealed, affirmed the appellants’ conviction in its December 31, last year, judgment. The appellate court, however, reversed the order of winding up and forfeiture made by the court.

    They appealed the decision of the appellate court on their conviction at the Supreme Court and asked the court to set aside the  judgment. They raised 19 grounds of appeal.

    Part of the grounds of the appeal before the apex court was that the justices of the Court of Appeal failed to review Justice Okeke’s “erroneous analysis of the evidence tendered” by the prosecution witnesses.

    The appellants argued that the judgment of the Court of Appeal was a nullity “for not containing the written opinion of one of the justices as at the time it was delivered.”

    It is also their contention that the Court of Appeal relied on an abandoned and struck out notice of appeal to determine the appellant’s appeal, rather than the appellant’s rightful notice of appeal.

    Eromesele, in a bail application by his lawyer,  Oghenero Ideh, asked the Supreme Court for bail on the grounds of ill health.

    He also argued that he “stands a strong possibility of success and the respondents (the Federal Government) will not be prejudiced, if the reliefs sought in this application are granted.

    “Having compiled the records of appeal in diligent prosecution of the appeal, and in view of the state of health of the appellant/applicant, I verily believe that it is in the interest of justice if the appellant/applicant is admitted to bail, pending the hearing and determination of the appeal to this court,” he said.

    Justice Muhammad Muntaka-Coommassie-led Supreme Court panel yesterday fixed January 29 to hear the various applications filed by the appellants.

  • Appeal Court upholds ‘My Pikin’ manufacturers’ conviction

    The Court of Appeal, Lagos Division on Tuesday upheld the seven-year jail term for the manufacturers of infant syrup, “My Pikin” baby teething mixture.

    It, however, reversed the order that the company be wound up and its assets forfeited to the Federal Government.

    Justice Okechukwu Okeke of the Federal High Court in Lagos, on May 17 last year, sentenced the convicts to seven years each for conspiracy to sell the dangerous drug.

    He handed them another seven years for actually selling the syrup, but ordered that the sentences should run concurrently (as opposed to consecutively).

    The judge, who retired a day after the judgment, ordered the company to be compulsorily wound up and its assets forfeited.

    The National Agency for Food and Drug Administration and Control (NAFDAC) charged the firm Barewa Pharmaceutical Company, its Production Manager, Mr. Adeyemo Abiodun and the Quality Assurance Manager, Egbele Eromosele, with production of the dangerous syrup which reportedly killed about 80 babies in 2008.

    The defendants, through their lawyer Osaro Eghobamien (SAN), on June 26, appealed against the judgment on the grounds that it lacked merit, but the Appeal Court affirmed Justice Okeke’s verdict.

    Justice Dauda Bage, who read the lead judgment, however, reversed the order of winding up and forfeiture made by Justice Okeke.

    Reacting to the judgment, NAFDAC Director-General Dr. Paul Orhii, said the agency has been vindicated.

    In a statement, he said: “We are very excited about the judgment of the Court of Appeal in Lagos. Nigerians will recall that the producers of the killer syrup were sentenced to seven years each by the Federal High Court and we are glad that the Court of Appeal has affirmed that judgment.

    “We assure Nigerians that NAFDAC will continue to prosecute those involved in production and sale of unregistered and adulterated drugs and food products.”

    Upholding the verdict, Justice Bage said the prosecution proved its case beyond doubt by providing scientific evidence that showed that the syrup was hazardous.

    “The respondents in their brief stated that the appellants supplied batch 02008 of the teething syrup to Roka Pharmacy, which after recovery and scientific evaluation, was shown to contain a contaminant called dyethylene glycol.

    “The appellants upon discovery of the harm caused by the product wrote a letter to Roka Pharmacy to stop sale and withdraw same from customers. At this time, about three and half cartons, 34 bottles of the products were left.

    “I cannot find any iota of denial from the appellants that they were not present when the recovered samples were being packaged at the respondent’s office. They have also not challenged the accuracy or capacity of NAFDAC to carry out the scientific evaluation.

    “The requirement of the law in a matter of this nature is the provision of a certificate of scientific evaluation, and this court is satisfied that the NAFDAC certificate constitute sufficient scientific requirement to secure the conviction of the appellants.

    “It is in this regard that the seven years sentence on the convicts by the trial court is hereby affirmed,” Justice Bage said.

     

     

     

  • My Pikin: Appeal Court fixes July 11 for hearing

    My Pikin: Appeal Court fixes July 11 for hearing

    The Court of Appeal, Lagos Division, yesterday fixed Thursday, July 11 for the hearing of an appeal filed by the convicted producers of My Pikin teething mixture.

    Presided over by Justice J.S. Ikyegh, the court’s decision followed the respondents’ plea for time to enable them file their response to the appellants’ applications seeking bail for the convicts, pending the determination of the appeal; an application seeking departure from the Rules of the Court as well as an accelerated hearing of the appeal.

    National Agency for Food and Drug Administration and Control (NAFDAC), which is the respondent, on May 17 got judgment against the appellants before Justice Okechukwu Okeke of a Federal High Court, Lagos, now retired.

    The judge had convicted the appellants, Egbele Austin Eromosele and Adeyemo Abiodun and sentenced them to seven years inprisonment while ruling that their firm, Barewa Pharmaceuticals Limited, be wound up and its assets forfeited to the Federal Government.

    He convicted them of conspiracy and sale of dangerous drugs, to which counsel to the convicts, Osaro Eghobamien (SAN), on same day, filed a notice of appeal.

    Eghobamien on July 3 filed a 14-ground amended Notice of Appeal, where he contested the judgment and insisted that Justice Okechukwu erred in law by failing to consider the evidence of the defence but relied wholly on the unsworn statement of Defence Witness 1 (DW1).

    “The learned trial Judge erred in law in convicting my clients for conspiracy and sale of dangerous drugs, relying on unsustainable evidence in the absence of either direct evidence of identified victims who may have consumed the drugs, or autopsy/forensic reports in proof of the alleged deaths as a result of taking the drugs,” he stated.

    Eghobamien averred that the conviction was unreasonable, unwarranted and could not be sustained, having regard to the evidence.

    At the resumed hearing yesterday, Eghobamien informed the court of the appellants’ two pending applications (for bail and accelerated hearing) and expressed his desire to proceed with the applications.

    But counsel to the respondent, J. Kadiri of Mike Ozekhome Chambers, informed the court that they were served on July 4 and would need time to reply.

    In its ruling, the court held that due to the nature and urgency of the case, hearing of the appeals should be fixed for Monday, July 8, and directed the respondent to file its reply.

  • My Pikin: Court jails producers of killer syrup for seven years

    My Pikin: Court jails producers of killer syrup for seven years

    Justice Okechukwu Okeke of the Federal High Court, Lagos, yesterday jailed the manufacturers of infant syrup, My Pikin Baby Teething Mixture, for seven years.

    The National Agency for Food and Drug Administration and Control (NAFDAC) said the contaminated medication killed tens of infants in Nigeria.

    The judge ordered the company to be compulsorily wound up and its assets forfeited to the Federal Government.

    NAFDAC charged the firm, Barewa Pharmaceutical Company, its Production Manager, Mr. Adeyemo Abiodun and the Quality Assurance Manager, Egbele Eromosele, with production of the dangerous medicine which was said to have killed about 80 babies in 2008.

    The judge sentenced the convicts to seven years each for conspiracy to sell dangerous drug.

    He handed them another seven years for selling dangerous drugs, but ordered that the sentences should run concurrently (as opposed to consecutively, meaning they will spend about seven years in jail).

    The judge discharged and acquitted the convicts, including the company, of the rest of the four counts relating to adulteration, manufacturing and distribution.

    The judgment was interrupted when Abiodun started falling in the dock and gasping for breath shortly after allocutus (plea for mercy).

    The judge then summoned the medical doctor in charge of the Federal High Court, who after examining the accused, confirmed he was hypertensive. He said his blood pressure was also very high.

    Justice Okeke then ordered that the convict be offered a seat, and went on reading the judgment.

    The judge held that NAFDAC failed to prove the allegation of drug adulteration.

    “My understanding of the word ‘adulterated’ is that somebody has tampered with the original product and changed the quality and efficacy of the drug.

    “There must be evidence that the manufacturer of the adulterated drug changed or tampered with the ingredient reducing the standard of the original drug. The prosecution failed to prove its case,” Okeke said.

    He found them guilty on two counts, in which NAFDAC said they sold a dangerous drug to Roca Pharmacy of 34 Balogun Road, Agege, Lagos around October 2008.

    The offence is contrary to Section 1(18)(a)(ii) of the Miscellaneous Offences Act M17 Laws of the Federation of Nigeria, 2004 and punishable under Sections 1(8)(a)(ii); 1(18)(b)(ii) and 3 of the same Act.

    The prosecution had on January 6, 2013 re-arraigned the three on an amended charge of six counts following the death of the company’s Managing Director, Mr. Kola Okunola, on October 27 last year.

    According to the judge, although the prosecution failed to prove the allegations relating to adulteration, there was sufficient evidence that My Pikin contained “dangerous chemical” which the convicts allegedly sold to a pharmacy.

    NAFDAC said the medication contained a harmful chemical called diethylene glycol and that the firm’s laboratory lacked the equipment to detect the contamination.

    Justice Okeke said: “Inasmuch as I appreciate the passionate plea of learned silk (defence counsel Mr Osaro Eghobamien, SAN), especially considering the state of the first accused, I am, however, bound by the provisions of the law.

    “Having found the accused guilty on two counts, the convicts are hereby sentenced to seven years imprisonment each on the charge.

    “The company is also ordered to be wound up compulsorily, in line with the provisions of the law, and its assets forfeited to the Federal Government.”

    During trial, a prosecution witness, Aminu Alilu, told the court that in January 2009 at NAFDAC’s Yaba office, he received a sealed package containing samples of My Pikin with batch number 02008.

    The witness stated that he took the samples for laboratory analysis, which was done in line with normal scientific testing procedure.

    He said the analysis showed the product contained contaminants called diaethylene glycol.

    The witness said samples were again taken to the NAFDAC central laboratory at Oshodi for confirmation by a qualitative and quantitative estimation of the products.

    At Oshodi, an advanced analytical technique was employed using an instrument called gas liquid chromatograph.

    “The result of the analysis at the Oshodi central laboratory proved to be the same with that conducted in the sister laboratory at Yaba. As a result, we came to the conclusion that My Pikin baby teething mixture was contaminated with diaethylene glycol.”

    The witness told the court that diaethylene glycol is a toxic substance which is unacceptable in food or drug preparation.

    “Diaethylene glycol belongs to a group of substance called glycol and there are four closely related glycol with common characteristics. They include diaethylene glycol, ethylene glycol, propylene glycol and glycerol.

    “The first two are sweet and deadly while the last two are sweet and harmless. Some dubious elements engaged in drug counterfeiting now sell the harmful substance, diaethylene glycol, as glycerol and propylene glycol,” he said.

    A pharmacist also testified that it ended ties with the company when he learnt of the mishap allegedly caused by My Pikin.

    But Eromosele had denied that Barewa produced the contaminated syrup. He said: “The raw materials are brought to me before production of the mixture. I performed analysis of the raw materials and there was no contamination. I conduct the tests for all the raw materials.

    “The test complied with specification – meaning there was no contamination there. I followed the procedure in the purchase of raw materials, sampling and testing.

    “I was guided by the World Health Organisation (WHO) Expert Committee on Verification of Pharmaceutical Preparations. We don’t produce anything known as My Pikin Paracetamol Syrup,”

    But the prosecutor, during cross examination, said: “I put it to you that you could not detect the contamination of the raw materials because your laboratory was not adequately equipped for such tests.”

    Eromosele responded: “It is not correct,” adding that he only advised his company to withdraw the product when there were complaints of side effects.

    “I advised my firm to write to their customers to stop the sale of My Pikin Baby Teething Syrup already with the marketers because I heard rumours there were adverse reactions.”

    Eromosele said NFDAC conducted a pre-registration inspection of Barewa’s factory in 2005/2006, and certified it to operate for two years, after which there would be another certification.

  • ‘My Pikin’ manufacturers get seven-year sentence

    ‘My Pikin’ manufacturers get seven-year sentence

    A Federal High Court sitting in Lagos on Friday sentenced two employees of Barewa Pharmaceutical Company Limited, Adeyemo Abiodun and Ebele Eromosele to seven years imprisonment.

    The company was the manufacturer of “My Pikin” a killer teething mixture, which reportedly killed over 80 children in 2009.

    The firm and its employees were arraigned for producing the killer syrup.

    They were arraigned on an amended six-count charge following the demise of the company’s chief executive officer, Gbadegesin Okunlola, last year.

    Trial judge, Justice Okechukwu Okeke, in his judgment, convicted Abiodun and Eromosele on two counts, while he acquitted them on four others.

    The Judge sentenced the accused to seven years imprisonment each on the offence, while he ordered the “compulsory winding up” of the company and its assets forfeited to the Federal Government.

    He said, “The prosecution tendered several exhibits in the trial of the accused persons, but failed to prove evidence that they actually produced the adulterated drugs.

    “I hereby discharge the accused persons on counts one, two, five and six, dealing with production and adulteration of drugs, while I find them guilty on counts three and four which is conspiracy and sale of the drugs.

    “They are hereby convicted as charged.”

     

  • My Pikin syrup: Court delivers judgment Friday

    My Pikin syrup: Court delivers judgment Friday

    Federal High Court in Lagos will on Friday deliver judgment in a case of production of a killer teething syrup – My Pikin – preferred against the Barewa Pharmaceutical Company Limited.

    Justice Okechukwu Okeke fixed the date on Thursday.

    He shifted the judgment date to enable him to conclude writing of the verdict.

    Okeke had reserved judgment for Thursday after parties in the suit adopted their written addresses.

    The company and two of its employees — Adeyemo Abiodun and Ebele Eromosele – are being prosecuted by the National Agency for Food and Drug Administration and Control on a six-count charge.

    The accused were re-arraigned on January 7, after the charge was amended following the death of the company’s Chief Executive Officer, Mr. Kola Gbadegeshin, who was one of the accused.

    They, however, pleaded not guilty and were granted bail.

    NAFDAC said that “My Pikin” killed more than 80 children in Nigeria.

    The agency called seven witnesses in the trial, while the defence called one.

    According to the prosecution, the offences contravened Section 1 (a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act No. 25 of 1999.

    The News Agency of Nigeria reports that a person convicted under the section is liable to a fine not exceeding N500, 000 or imprisonment for a period not less than five years or both.

     

  • Judgment in ‘My Pikin’ case for May 16

    Justice Okechukwu Okeke of the Federal High Court, Lagos, will deliver judgment in the trial of a company, Barewa Pharmaceutical Company Limited and others on May 16.

    The National Agency for Food and Drug Administration and Control (NAFDAC) charged Adeyemo Abiodun and Egbele Eromosele for allegedly producing a contaminated medication for newborns named: My Pikin Baby Teething Mixture.

    They were arraigned along with the firm’s Chief Executive Officer, Gbadegeshin Okunlola, who died on October 27, last year. He was 58.

    The judge, who will retire two days after the judgment, fixed the date after parties adopted their written addresses.

    Defence counsel Mr Osaro Eghobamien, a Senior Advocate of Nigeria (SAN), urged the court to discharge and acquit his clients.

    He said the prosecution failed to discharge the burden of proof that the defendants were guilty as charged, adding that NAFDAC’s case was incompetent.

    “The process of scientific evidence is that the samples taken from the defendant, must be shown to be the same with that analysed and presented in court. The chain must not be broken,” he said.

    But the prosecutor counsel, Mr Aminu Alilu urged the court to uphold the charge and convict the defendants.

    He said the company could not detect that raw materials used to produce the deadly medication was contaminated because its laboratory was not adequately equipped for such tests.