Vanguard (Lagos)

6 March 2009

Nigeria: My Pikin Producers Face Trial

The Chief Ex-ecutive Officer, Barewa Pharmaceutical Limited, makers of the killer My Pikin Baby Teething Mixture, which killed no fewer than 80 children in the country, Mr. Kola Gbadegbesin Okunlola, the company and two of its senior officers, were yesterday arraigned before a Federal High Court sitting in Lagos, on a six-count charge of conspiracy, adulteration, selling of dangerous drugs with the intent to cause death.

The accused persons, who pleaded not guilty to the charges, were, however, ordered remanded at the Ikoyi Prison, Lagos, after the prosecuting counsel asked for a trial date.

At that point, counsel to the accused persons, Mr. Osaha Eghobamien (SAN), prayed the court for leave to move an oral bail application on behalf of the accused persons.

However, Justice Okechukwu Okeke, told him that the application should have been moved earlier, but that the court had ruled on the matter.

The defence counsel later asked for a date to be fixed for the hearing of the bail application to which the court said a date cannot be fixed for the hearing of an application that was not before it.

Further hearing in the matter was adjourned till May 4, 2009.

The charge preferred against the accused persons read:

  •  That you, Kola Okunlola, Adeyemo Abiodun, Egbele Eiomosele and Barewa Pharmaceutical Limited of 1-5 Olugbo Close, Shasha Road Akowonjo, Lagos State, within the jurisdiction of this court, on or about October, 2008 manufactured an adulterated drug to wit: My Pikin Baby Teething Mixture with the intent to cause death or grievous bodily harm to members of the public and thereby committed an offence, contrary to Section 1 (a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act No. 25 of 1999 and punishable under section 3 of the same Act;
  •  That you Kola Okunlola, Adeyemo Abiodun, Egbele Eromosele and Barewa Pharmaceutical Ltd of 1-5, Olugbo Close, Shasha Road, Akowonjo, Lagos State, within the jurisdiction of this court, on or about October 2008 distributed an adulterated drug to wit: My Pikin Baby Teething Mixture to Roca Pharmacy of 34, Balogun Road, Agege, Lagos, with the intent to cause death or grievous bodily harm to members of the public and thereby committed an offence contrary to section 1 (a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act No. 25 of 1999 and punishable under Section 3 of the same Act.
  •  That you, Kola Okunlola, Adeyemo Abiodun, Egbele Austine Eromosele and Barewa Pharmaceutical Ltd. of 1- 5, Olugbo Close, Shasha Road, Akowonjo, Lagos State, within the jurisdiction of this court, on or about October 2008 did conspire among yourselves to sell dangerous drug to wit: My Pikin Baby Teething Mixture to Roca Pharmacy of 3-I, Balogun Road, Agege, Lagos and thereby committed an offence contrary to Section 1 (18) (a) (ii) of the Miscellaneous Offences Act No. 20 of 1984 (as amended) and punishable under Sections 1 (18) (a) (ii); 1 (18) (b)(ii) and 3 of the Same Act.
  •  That you Kola Okunlola, Adeyemo Abiodun, Egbele Eromosele and Batewa Pharmaceutical Limited of 1 - 5 Olugbo Close, Shasha Road Akuwonjo, Lagos state within the Jurisdiction of this Court on or about October, 2008 sold dangerous drug to wit: My Pikin Baby Teething Mixture to Roca Pharmacy of 3-l Balogun Road, Agege Lagos with the intent to cause death or grievous bodily harm to members of the public and thereby committed an offence contrary to Section 1 (18) (a)(ii) of the Miscellaneous Offences Act No. 20 of 1984 (as amended) and punishable under Sections 1 (18)(a)(ii)/ (18)(b)(ii) and 3 of the Same Act.
  •  That you Kola Okunlola, Adeyemo Abiodun, Egbele Eromosele and Barewa Pharmaceutical Limited of 1 - 5 Olugbo Close, Shasha Road Akuwonjo, Lagos state within the Jurisdiction of this Court on or about October, 2008 did conspire among yourselves to adulterate a drug to wit: My Pikin Baby Teething Mixture contrary to Section 3(6) of the Miscellaneous Offences Act No. 20 of 1984 (as amended) and punishable under Sections 1 (18) (a) (i) and 3 of the Same Act.
  •  That you Kola Gbadegbesin Okunlola, Adeyemo Abiodun, Egbele Eromosele and Barewa Pharmaceutical Limited of 1 - 5 Olugbo Close, Shasha Road Akuwonjo, Lagos state within the" Jurisdiction of this Court on or about October, 2008 adulterated a drug to wit: My Pikin Baby Teething Mixture so as' to change materially the quality or efficacy of the same without notice to the purchasers, knowing that same will be sold as a drug and thereby committed an offence contrary to Section 1 (18) (a) (i) of Miscellaneous Offences Act No. 20 of 1984 (as amended) and' punishable under Sections 1 (18) (a) (i) and 3 of the Same Act.

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