A Lagos Federal High Court has scheduled the trial of three merchants and a company accused of trafficking fake medicine into Nigeria for October 11 and 12, 2023.
Bernard Chinweuba, Valentine Duru Ndukwe, and Duru Valentine Chinwike are the dealers to be tried before Justice Ayokunle Faji’s court, while Vanchris Pharmaceuticals Nigeria Limited is the pharmaceutical business mentioned in the alleged crime.
The dealers were charged with importing bogus pharmaceuticals such as Diclofenac Tablets BP 50mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, and Collcap (Chlorpheniramine Maleate Capsules BP 4mg).
The dealers from 9, Olorogun Street, Idumota, Lagos, were arrested sometime in September 2022 for the fake medicine.
Their trial, which had been fixed for Tuesday, but it was stalled owing to the unavailability of one of their lawyers.
At the resumption of the defendants’ trial, the prosecutor, Bartholomew Simeon, told the court that he was ready to proceed with the case.
The prosecution told the court that one of his witnesses, Adams Kole Ajony, an Assistant Superintendent of Police (ASP) who investigated the alleged crime, is in court with him to prove his preparedness for trial.
Barrister I. C. Anima, counsel for two of the defendants, told the court that counsel for other defendants informed him he couldn’t appear in court because he was outside the court’s jurisdiction.
Anima further informed the court that the parties had an ongoing agreement to settle the case out of court.
In response to Anima’s submission, the prosecutor informed the court that the other counsel had failed to notify him of his absence.
The prosecution informed the court that the defence lawyer should have used ‘plea bargain’ instead of ‘out of court settlement’ because the claim against the defendants is criminal.
He further told the court that the question of a plea bargain, as mentioned by counsel, was beyond his power to resolve, claiming that only his superiors in office have such authority.
Due to the absence of one of the defendants’ attorneys, as well as the ongoing plea bargain arrangement, and with the approval of both counsel, the issue was delayed to October 11 and 12, for trial.
The National Agency for Food and Drug Administration and Control (NAFDAC) charged the traders and the corporation in a two-count charge numbered FHC/L/653c/22.
The charges against the defendants read: “that you, Vanchris Pharmaceuticals Nigeria Limited located In Kano, Duru Valentine Chinwike, Male, Adult, 30 Years old, of Fountain Estate off Airport Road, Kano State and Valentine Duru Ndukwe (now at large), who Is the Chairman of Sabongari Patent & Proprietary Medicine Dealers Association, Kano, resident in Kano, on or about the 8th day of September, 2022, at No. 9 Olorogun Street, Idumota, Lagos, within the jurisdiction of this Honourable Court did aid one Mr Bernard Chinweuba, Male, Adult, 47 years old, of 0330, Sabon Gari Market, Kano/ No 1. Enugu Road, Sabon Gari, Kano, to import fake drugs to wit: Diclofenac Tablets BP 50mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, Collcap (Chlorpheniramine Maleate Capsules BP 4mg), and thereby committed an offence contrary to Section 1(c) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C34, LFN, 2004 and punishable under Section 3 of the same Act.
“That you, Bernard Chinweuba, male, adult, 47 years old, of 0330, Sabon Gari Market, Kano/ No 1. Enugu Road, Sabon Gari, Kano, on or about the 8th day of September, 2022, at No. 9 Olorogun Street, Idumota, Lagos, within the jurisdiction of this Honourable Court, did import unregistered drugs to wit: Diclofenac Tablets BP 50 mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, Colicap (Chlorpheniramine Maleate Capsules BP 4mg), and thereby committed an offence contrary to Section 1(1) of the Food, Drugs and Related Products (Registration, ETC.) Act, Cap. £33, LFN, 2004 and punishable under Section 6 of the same Act.”
