Adeyemo Abiodun V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant herein along with one other accused person and Barewa Pharmaceutical Limited were arraigned before the Federal High Court, Lagos on a six counts amended charge for various offences under Counterfeit and Fake Drugs And Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C 34 Laws of the Federation of Nigeria 2004, and Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria 2004. The Appellant and his co-accused pleaded not guilty to the charge. In order to prove its case the prosecution called seven witnesses and tendered several documents that were admitted in evidence.

The Appellant who was the 2nd accused person at the trial Court was the only witness called by the defence and he testified as DW1. At the end of the trial, and in a reserved and considered judgment, delivered on the 17th May, 2013, Okeke J found the Appellant and the two other accused persons guilty of the offence under counts 3 and 4 of the amended charge and they were all convicted accordingly. Appellant and the 2nd convict were sentenced to seven (7) years imprisonment

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on each of the two counts, and the sentences were ordered to run concurrently. The 3rd convict being a company was sentenced as charged and it was ordered to be wound up and its assets forfeited to the Federal Government of Nigeria. They were however acquitted and discharged from the remaining counts.

Being aggrieved with the decision of the trial Court, the Appellant appealed to the Court of Appeal. The Appeal was heard and in a reserved and considered judgment delivered on the 31st of May 2016, the conviction and sentence of the appellant on count 3 were set aside while the conviction and sentence on count 4 were affirmed.

Once again the Appellant is dissatisfied with the affirmation of the conviction and sentence on count 4. Being aggrieved, he has brought this appeal. His notice of appeal at pages 815 to 826 dated 20th June, 2016 and filed on the 21st of June, 2016 contains 17 grounds of appeal.

Parties filed and exchanged briefs of argument.

The Appellant’s amended brief of argument settled by OGHENERO E. L IDEH ESQ of counsel to the Appellant is dated and filed on the 16th January, 2017, but deemed filed on the 9th of

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February, 2017. Learned Appellant’s counsel submitted six issues for determination of this appeal, and they read as follows:-

(1) Whether the reliance of the lower Court on grounds other than those contained within the judgment of the trial Court in affirming the conviction of the Appellant for sale of dangerous drugs amounts to a denial of the Appellants’ right of fair hearing.

(2) Whether the lower Court relied on unproven assumptions and consequently misdirected itself in reaching the conclusion that any of the products in circulation in Nigeria with the brand name “my pikin” are the ones manufactured by the 3rd accused; thereby occasioning a miscarriage of justice.

(3) Whether the lower Court was right, in affirming the trial Court’s exercise of discretion, imposing an excessive prison sentence on the Appellant, in the absence of any reason or basis for the discretion.