Justice Ambeose Lewis-Alagoa of the Federal High Count,Lagos today sentence a 40 years old man, Chinedu Okafor to five years imprisonment for being of fake and adulterated Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin.
The offence committed by the defendant is said to be contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C34, LFN, 2004, punishable under Section 3(1)(a) of the same Act.
However, Justice Alagoa granted the convict an option of N50 million in leu of term of imprisonment.
When the matter came up for arraignment today, the Prosecutor from the National Agency For Food Drugs Administration and Control, NAFDAC, Mr Bartholomew Simon told justice Alagoa that the prosecution has a five count amended charge and pleaded with the court to order that the charge be read so that the defendant can take his plea.
The charge was then read and the defendant Chinedu Okafor pleaded guilty to the five counts charge.
Following the guilty plea of the defendant Mr. Bartholomew Simon reviewed the facts of the case by tendering relevant documentary evidence and items recovered from the defendant
The prosecutor then urged the court to convict the defendant based on his guilty plea and the weight of the evidence adduced by the prosecution.
Consequent upon the prayer of the Prosecutor, Justice Alagoa convicted the defendant as charge.
Following the conviction of the defendant, his counsel make allocutus on his behalf.
The convict’s counsel pleaded for mercy on his behalf stating that the convict is a first time offender who did not waste the time of the court by pleading guilty at the earliest opportunity.
He added that the convict is remorseful and has promised never to indulged himself in crime in future.
He equally asked the court to grant an option of fine instead of custodian sentence.
After listening to parties, Justice Alagoa sentence the convict to five years imprisonment on each of the five counts charge or a payment of fine of N10 million on each counts.
Justice Alagoa however ordered that both the term of imprisonment and option of fine shall run concurrently.
The court also ordered that the offending products recovered from the convict should be forfeited to the prosecution for destruction at the expiration of the time for appeal.
The charge against the convict reads:
COUNT 1
That you, Chinedu Okafor, male, 40 years old, of No. 4, 1° MTN Road, Badagry, Lagos, trading under the name and style of ( Sky Blue Company) on or about the 26th day of April, 2024, at the above-named address, within the jurisdiction of this Honourable Court, were found in possession of unwholesome processed food, to wit: Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin, and thereby committed an offence contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C34, LFN, 2004, punishable under Section 3(1)(a) of the same Act.
COUNT 2
That you, Chinedu Okafor, male, 40 years old, of No. 4, 1° MTN Road, Badagry, Lagos, on or about the 26th day of April, 2024, at the above-named address, within the jurisdiction of this Honourable Court, did manufacture unwholesome processed food, to wit: Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin, and thereby committed an offence contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C34, LFN, 2004, punishable under Section 3(2)(a) of the same Act.
COUNT 3
That you, Chinedu Okafor, male, 40 years old, of No. 4, 1° MTN Road, Badagry, Lagos, on or about the 26th day of April, 2024, at the above-named address, within the jurisdiction of this Honourable Court, did manufacture unregistered processed food, to wit: Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin, and thereby committed an offence contrary to Section 1(1) of the Food, Drugs and Related Products (Registration, Etc.) Act, Cap. F33, LFN, 2004, punishable under Sections 6(1)(a) & 8 of the same Act.
COUNT 4
That you, Chinedu Okafor, male, 40 years old, of No. 4, 1° MTN Road, Badagry, Lagos, on or about the 26th day of April, 2024, at the above-named address, within the jurisdiction of this Honourable Court, did distribute unregistered processed food, to wit: Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin, and thereby committed an offence contrary to Section 1(4) of the Food, Drugs and Related Products (Registration, Etc.) Act, Cap. F33, LFN, 2004, punishable under Sections 6(1)(a) & 8 of the same Act.
COUNT 5
That you, Chinedu Okafor, male, 40 years old, of No. 4, 1° MTN Road, Badagry, Lagos, on or about the 26th day of April, 2024, at the above-named address, within the jurisdiction of this Honourable Court, did manufacture articles of food under insanitary conditions, to wit: Apple Multifruit Juice Wine, Eagle Aromatic Schnapps, and Lord’s Gin, and thereby committed an offence contrary to Section 1(3) of the Food and Drugs Act, Cap. F32, LFN, 2004, punishable under Section 17(1) of the same Act.
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