Killer teething syrup: Appeal court affirms sentence of manufacturers

    
The Court of Appeal, Lagos Division, on Tuesday upheld the judgment of a high court, which sentenced two employees to seven years imprisonment each for selling a killer teething syrup.

The News Agency of Nigeria reports that Justice Okechukwu Okeke of a Federal High Court in Lagos sentenced Adeyemo Abiodun and Ebele Eromosele on May 17 for selling the syrup known as “My Pikin.”

The convicts are employees of the Barewa Pharmaceutical Company Ltd., Lagos.

They were prosecuted by the National Agency for Food and Drug Administration and Control.

Okeke found the duo guilty of conspiracy and sale of the adulterated teething mixture, which caused the death of more than 80 children in Nigeria.

Okeke had ordered that the company should wind up and its assets forfeited to the Federal Government.

Delivering the lead judgment in an appeal against Okeke’s judgment, Justice Dauda Bage affirmed the seven years sentence, but reversed the order for winding up and forfeiture.

The judge held that the prosecution sufficiently proved that the men committed the offences.

He said that the prosecution provided a certificate of scientific evaluation from its laboratory, which clearly showed that the recovered products contained a toxic substance.

“I am satisfied that the issue formulated by the respondents in their brief is all-encompassing, and sufficiently satisfies the issues raised in the appellants’ brief.

“The respondents stated that the appellants supplied batch 02008 of the teething syrup to Roka Pharmacy, which after recovery and scientific evaluation, contained 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,” he held.

On the issue of winding up, the judge held that the order of the trial court which directed all assets of the company to be forfeited to the Federal Government was outside the provisions of the law.

“The Federal High Court may make orders for forfeitures, but such orders by the provision of the law, refers to finished goods.

“The appropriate order the court would have made is for batch 02008 of the product to be forfeited to the Federal Government and not the entire asset of the company.

“This appeal therefore succeeds in part; the order of forfeiture made by the trial court is hereby reversed.

“It is hereby ordered that batch 02008 of the product be forfeited to the Federal Government,” Bage said.

The judgment of the appellate court was assented to by Justices Tijani Abubakar and Shagbaor Ikyegh.

The News Agency of Nigeria (NAN) reports that the convicts were re-arraigned before the lower court on Jan. 7, and had pleaded not guilty.

In the trial, NAFDAC called a total of seven witnesses, while the appellants testified for themselves.

NAN also reports that counsel to the appellants, Mr Osaro Eghobamien (SAN), had appealed against the lower court’s judgment on June 26, saying that it lacked merit.

NAN