Before Their Lordships
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
AND
THE FEDERAL REPUBLIC OF NIGERIA- Respondent
…………………….A…………………….
BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant, as accused person was arraigned before a Federal High Court, Kano on a two count charge which read:
COUNT 1
That you Nonye Iwunze (M) a trader resident of Kwanarkifi Quarters Brigade Kano on or about 18th October 2004 at Bachalawa Quarters Kano manufactured fake Barbicillin Ampicilin syrup (powder) and Rampicillin Ramsey syrup (powder) and you thereby committed an offence contrary to section 1 (a) of the counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous provisions) Act Cap C.34 Laws of the Federation of Nigeria 2004 and punishable under section 3 of the same Act.
COUNT 2
That you Nonye Iwunze (M) a trader resident of Kwanarkifi Quarters Brigade Kano on or about 18th October 2004 at Bachalawa Quarters Kano, within the jurisdiction of this Honourable Court were in possession of fake Barbicillin Ampicillin syrup (powder) and Rampicillin Ramsey syrup (powder) and you thereby committed an offence contrary to section 1 (a) of the counterfeit and Fake Drugs and Unwholesome Processed Foods Miscellaneous provisions) Act Cap C.34 Laws of the Federation of Nigeria 2004 and punishable section 3 of the same Act.
The appellant entered guilty pleas to both counts.
He was not represented by counsel. The prosecution opened its case on 24/2/05, called three witnesses and tendered several exhibits. The appellant did not cross-examine the witnesses neither did he give evidence or call witnesses for his defence. He also did not object to the tendering of the exhibits and refused to address the court at the end of trial on the 3rd of March 2005. In a considered judgment delivered on the 11th of Match, 2005 the learned trial judge found the appellant guilty on both counts and sentenced him to five years imprisonment with an option of N500,000 fine on each count.
