Counsel’s absence stalls trial of 3 businessmen over alleged fake drugs importation, adjourns Oct.11
By Jude-Ken Ojinnaka
The absence of one of the defence counsel in court last Tuesday has led to the adjournment of trial of three defendants accused of importing fake pharmaceutical products into the country.
The defendants Bernard Chinweuba, Valentine Duru Ndukwe and Duru Valentine Chinwike, with the pharmaceutical company called Vanchris Pharmaceuticals Nigeria Limited were before Justice Ayokunle Faji for their trial but the absence of a defence counsel stalled the scheduled trial.
Consequently, the judge further adjourned the trial to October 11 and 12.
The three businessmen (defendants) were alleged to have imported some fake drugs which are, Diclofenac Tablets BP 50mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, Collcap (Chlorpheniramine Maleate Capsules BP 4mg.
The businessmen whose stores are at 9, Olorogun Street, Idumota, Lagos, were arrested sometimes in September, 2022.
At the resumed trial of the defendants, the prosecutor, Bartholomew Simeon, told the court that he was ready to go on with the trial of the case.
To establish his readiness for the trial, the prosecutor told the court that one of his witnesses, Adams Kole Ajony, an Assistant Superintendent of Police (ASP) who investigated the alleged crime came to court with him.
However, counsel to two of the defendants, I.C Anima Esq. told the court that counsel to other defendants intimated him that he was unable to be in court, because he was outside the jurisdiction of the court.
Anima also informed the court that there is an ongoing arrangement between the parties to settle the matter out of court.
Responding to Anima’s submission, the prosecutor told the court that he was not informed about the absence of the other counsel.
On the issue of out of court settlement, the prosecutor submitted that the defence counsel ought to have used ‘plea bargain’ instead of ‘out of court settlement’, because the suit against the defendants is a criminal one.
He further submitted that the issue of plea bargain as stated by the counsel was beyond his ability to determine, saying that it is only his superiors in office can determine such settlement.
With the absence of one of the defendants’ counsel, coupled with the plea bargain arrangement which the counsel said is on-going, and with the consent of both counsel, the matter was adjourned to October 11 and 12, for trial.
The three businessmen and the company were brought before the court by the National Agency for Food and Drug Administration and Control (NAFDAC) in a two-count charge marked FHC/L/653c/22.
The charges against the defendants are:
“That you, Vanchris Pharmaceuticals Nigeria Limited located In Kano, Duru Valentine Chinwike, Male, Adult, 30 Years old, of Fountain Estate off Airport Road, Kano State and Valentine Duru Ndukwe (now at large), who Is the Chairman of Sabongari Patent & Proprietary Medicine Dealers Association, Kano, resident in Kano, on or about the 8th day of September, 2022, at No. 9 Olorogun Street, Idumota, Lagos, within the jurisdiction of this Honourable Court did aid one Mr Bernard Chinweuba, Male, Adult, 47 years old, of 0330, Sabon Gari Market, Kano/ No 1. Enugu Road, Sabon Gari, Kano, to import fake drugs to wit: Diclofenac Tablets BP 50mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, Collcap (Chlorpheniramine Maleate Capsules BP 4mg), and thereby committed an offence contrary to Section 1(c) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C 34, LFN, 2004 and punishable under Section 3 of the same Act.
“That you, Bernard Chinweuba, male, adult, 47 years old, of 0330, Sabon Gari Market, Kano/ No 1. Enugu Road, Sabon Gari, Kano, on or about the 8th day of September, 2022, at No. 9 Olorogun Street, Idumota, Lagos, within the jurisdiction of this Honourable Court, did import unregistered drugs to wit: Diclofenac Tablets BP 50 mg (Diclosa 50), Coldtime Anti-cold Tablets, Sonidrex Tablets, 50mg, Colicap (Chlorpheniramine Maleate Capsules BP 4mg), and thereby committed an offence contrary to Section 1(1) of the Food, Drugs and Related Products (Registration, ETC.) Act, Cap. C 33, LFN, 2004 and punishable under Section 6 of the same Act.”
