The Court of Appeal, Lagos division presided over by J
ustice J.S. Ikyegh today said it would hear on Monday, the appeal filed by the convicted manufacturers of ‘my pikin’ teething mixture which was said to have killed over 80 Nigerian Children in 2008.
The decision of the court followed the respondents plea for time, to enable them file their response to the appellants’ applications seeking the bail of the convicts pending the determination of the appeal and the application seeking for departure from the Rules of the Court as well as an accelerated hearing of the appeal.
By this adjournment, the respondent (NAFDAC) is therefore expected to have filed all necessary processes by the next adjourned date to enable the Court hear the pending applications.
On May 17, 2013, Hon. Justice Okechukwu Okeke, now retired of the Federal High Court, Lagos in his judgment found guilty and convicted the appellants, Egbele Austin Eromosele and Adeyemo Abiodun to seven years inprisonment while ruling that their firm, Barewa Pharmaceuticals Limited be wound up and assets forfeited to the federal government.
The judge found them guilty of conspiracy to and sale of dangerous drugs. But on the same day, counsel to the convicts, Osaro Eghobamien (SAN) filed a Notice of Appeal on their behalf challenging the decision of the learned trial Judge.
He later filed a 14 ground amended Notice of Appeal on July 3, 2013 contesting the judgment and insisting that the trial judge erred in law in failing to consider the evidence of the defence but relied wholly on the unsworn statement of DW1 (defence witness 1).
“The learned trial Judge erred in law in convicting me for conspiracy and sale of dangerous drugs relying on unsustainable evidence in the absence of either direct evidence of identified victims who may have consumed the drugs, or autopsy/forensic reports in proof of the alleged deaths as a result of taking the drugs”, the appellant stated, insisting that the conviction is unreasonable, unwarranted and cannot be sustained having regard to the evidence.
Eghobamien had on June 28, filed at the court of appeal an application seeking to depart from the Rules of the Court (in a bid to obtain accelerated hearing of the matter) as well as application for bail on behalf of the appellants pending the hearing and determination of the appeal.
On July 3, 2013 the parties were served with a hearing notice informing them that the motion will be set down for hearing on July 5, 2013. At the resumed hearing yesterday, the Appellants brief of argument in the appeal was filed. Eghobamien informed the Court of its two aforementioned pending applications and expressed his desire to proceed with the applications.
But counsel to the Respondent, J. Kadiri of Mike Ozekhome Chambers informed the Court that, having been served with the applications on July 4, time would be required to respond to same.
The Court was of the view that owing to the nature and urgency of the matter, it will adjourn same to Monday, July 8, by which time the Respondents would have filed a necessary response to enable the Court hear the application.
