Justice Ayotunde Faji of a Federal High Court, Lagos on Tuesday, ordered that a 72 year-old businesswoman, Esther Olufunmilayo Akinsanya, be remanded in prisons custody till Monday, November 13, when her bail application will be entertained.
The businesswoman was arraigned before the court by the National Agency for Food and Drugs Administration Control (NAFDAC), on Tuesday, alongside her company, Esther Olufunmilayo Akinsanya Nigeria Limited, for allegedly selling adulterated Dangote Sugar.
Akinsanya and her company were arraigned on charges bordering on conspiracy, unlawful importation and rebagging of unregistered sugar, distribution and selling of sugar not fortified with Vitamin ‘A’.
The offences according to the prosecutor, Mr. Umar Shamaki are contrary to sections 5(a), 1(1) of the Food and Drugs Act Cap l. F.33, Law of the Federation of Nigeria, 2004, and punishable under sections 17(1) and (2), 8(1) and (2), 17(1) and (2) and 6 (1) (a) and (b) of the same Act”.
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NAFDAC alleged that the businesswoman was caught at her shop located at 1, Tailor Road, Iddo, Lagos, on August 2, 2017, where she and her workers were rebagging some unfortified Brazilian sugars into Dangote Sugar bags.
Some of the unfortified Brazilian granulated sugar that were allegedly rebagged into the Dangote sugar bags by the accused are: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar.
The selling of the unfortified granulated sugars, were said to be contrary to NAFDAC Act.
The accused person however pleaded not guilty to the charges.
Following the plea of the defendant, her lawyer, Fayehun I. N., pleaded with the court for a short adjournment to enable him file proper bail application before the court.
He said the previous bail application he filed for his client was filed in August, when she was first brought to court, in anticipation that she would be arraigned then.
He however, pleaded with the court not to remand the defendant whom he said is an aunty to him due to her state of health.
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Due to the failure of the businesswoman’s lawyer to convince the court in letting his client go, the prosecutor, Mr. Shamaki urged the court to remand her at Kirikiri Prisons where she could be attended to medically.
Shamaki also told the court that his agency, NAFDAC, did not have a facility to habour those that have been arraigned. Adding that the statutory remand place is prisons.
Consequently, due to the inability of both prosecution and defence lawyers to agree on where the defendant should be remanded, the presiding judge, Justice Faji, ordered that the 72 years old woman be remanded in Kirikiri prisons.
The judge also ordered the defendant’s lawyer to file his bail application by Wednesday, November 8, and serve same on the prosecutor. While also ordered the prosecutor to file his counter-affidavit to the bail application.
The matter has been adjourned till Monday, November 13, for hearing of the defendant’s bail application.
NAFDAC in the charge marked FHC/L/293c/17, leveled against the businesswoman, her workers and firm, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, with copy made available to our reporter reads: “that you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos, within the jurisdiction of this honourable court packaged various brand of unregistered Brazilian granulated sugar to wit: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar, into Dangote granulated sugar bags, in a manner that is false contrary to section 5(a) of the Food and Drugs Act Cap l. F.33, LFN 2004, and punishable under sections 17(1) and (2) of the same Act”.
Count two reads: “That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos, within the jurisdiction of this honourable court did sell Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar as Dangote Sugar, in a manner likely to create wrong impression as to its value contrary to section 5(a) of the Food and Drugs Act Cap l. F.33, LFN 2004, and punishable under sections 17(1) and (2) of the same Act”.
Count three reads: “That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos state, within the jurisdiction of this honourable court, imported various brands of granulated Brazilian sugar to wit: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar, without registration, contrary to section 1(1) of the Food, Drugs and related products (Registration) Act Cap. F.33, LFN 2004, and punishable under sections 6 (1) (a) and (b) of the same Act”.
And fourth count reads: “That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos, imported food to wit: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar as Dangote Sugar, which are not fortified with Vitamin ‘A’, contrary to section 1(1) of the Food forrification with Vitamin ‘A’ regulation 2005, and punishable under sections 8(1) and (2) of the same Act”.
