A Federal High Court, Lagos has wound up Barewa Pharmaceutical Ltd, the manufacturer of My Pikin baby teething mixture, which allegedly killed about 80 babies in 2008.
Justice Okechukwu Okeke, in his judgment
on Friday, also sentenced two of the company’s employees to a total of
28 years imprisonment.
Barewa Pharmaceutical Company, its
Production Manager, Mr. Adeyemo Abiodun; and the Quality Assurance
Manager, Egbele Eromosele, were convicted for conspiracy and selling of a
dangerous drug.
Okeke sentenced each of Abiodun and
Eromosele to seven years for conspiracy to sell a dangerous drug and to
another seven years for selling dangerous drug, but ordered that the
sentences should run concurrently.
He however, discharged and acquitted the
convicts, including the company, of the rest of the four counts
relating to adulterating, manufacturing and distributing the said drug (My Pikin).
The judge said though the prosecution
failed to prove the allegations relating to adulteration of the said
drug, there was sufficient evidence that the drug contained “dangerous
chemical,” which the convicts allegedly sold to a pharmacy shop in
Agege, Lagos.
The prosecution, the National Agency for Food and Drug Administration and Control, had, during trial, alleged that the drug (My Pikin) contained a chemical called “diethylene glycol,” which allegedly led to the death of the children who used the drug.
The judge, who paused while writing the
sentence to be passed on the convicts, quickly asked Abiodun to be given
a seat in the dock and also called for a doctor to look after him when
he began to gasp for breath soon after the judgment was delivered.
The judge continued writing the sentence
while the doctor looked after him. The doctor later announced in the
court that the man was hypertensive and that his blood pressure was high
at that moment.
He said, “My understanding of the word,
adulterated, is that somebody has tampered with the original product and
changed the quality and efficacy of the drug.
“There must be evidence that the
manufacturer of the adulterated drug changed or tampered with the
ingredient to reduce the standard of the original drug.”
But the judge said, throughout the
period of trial, which lasted about five months, the prosecution failed
to provide any evidence proving the allegations.
He, therefore, found them guilty only on
two counts one of which was that the convicts “on or about October 2008
sold dangerous drug to wit: My Pikin Baby Teething Mixture to
Roca Pharmacy of 34, Balogun Road, Agege, Lagos, which did not represent
the quality you represented it to be.”
The offence was said to be contrary to
Section 1(18)(a)(ii) of the Miscellaneous Offences Act M17 Laws of the
Federation of Nigeria, 2004 and punishable under Sections 1(8)(a)(ii);
1(18)(b)(ii) and 3 of the same Act.
The second count upon which the accused
were convicted was the conspiracy for the selling of the drug to the
same Roca Pharmacy contrary to and punishable under the same law.
The prosecution had on January 6, 2013
re-arraigned the three on an amended charge of six counts following the
death of the company’s Managing Director, Mr. Kola Okunola, in October
2012.
Okunola, 67, was said to have died of stroke.
One of the defence counsel, Mr. Osaro Eghobamien (SAN), however, vowed to challenge the judgment at the Court of Appeal.
PUNCH
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