By Onyewuchi Ojinnaka
Senior Correspondent
Justice Ayotunde Faji of a Federal High Court sitting in Lagos has convicted a 73-year-old Lagos based business woman, Esther Olufunmilayo Akinsanya, for importing, distributing and selling unfortified Brazilian sugars which she knowingly branded as Dangote Sugar, thereby creating wrong impression about the value of Dangote sugar.
Esther Akinsanya was convicted by the judge after she pleaded guilty to the amended three counts charge of the offence, consequent upon the terms of plea bargain agreement she entered with the prosecuting agency, the National Agency for Food and Drug Administration and Control (NAFDAC).
However, in pronouncing sentence after her conviction, the court fined her N1.3 million instead of sending her to prison.
The defendant/convict was first docked before the court on November 7, 2017 by NAFDAC on a six count-charge which bordered on faking Dangote Sugar.
During her arraignment, NAFDAC’s prosecutor, Mr. Umaru Shamaki, had told the court that the businesswoman was arrested with some of her workers at her shop located at 1, Tailor Road, Iddo, Lagos, on August 2, 2017, where they were rebagging some unfortified Brazilian sugars into Dangote Sugar bags.
In the charge marked FHC/L/293c/2017, NAFDAC accused the woman of unlawful importation of some Brazilian sugars, which are not fortified with Vitamin ‘A’, such as: Aqucar Crystal sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar.
According to NAFDAC, the offences committed by the defendant contravened Sections 5(a), 1(1) of the Food and Drugs Act Cap l. F.33, Law of the Federation of Nigeria, 2004, and punishable under Sections 17(1) and (2), 8(1) and (2), 17(1) and (2) and 6 (1) (a) and (b) of the same Act”.
The businesswoman had pleaded not guilty to all the counts when she was first arraigned and was subsequently admitted to bail.
At the resumed trial of the defendant on Monday, the prosecutor informed the court that the charge against her has been reduced to three counts, adding that the businesswoman had decided to change her plea, following terms of plea bargain which she conceded to.
The prosecutor therefore urged the court to allow the charge to be read to the defendant so that her plea may be retaken. Her lawyers, Felix Nwokolo and N. I. Fayehun, confirmed the prosecutor’s position.
Consequently, Justice Faji, ordered that the charge be read to the woman for her plea to be retaken.
Upon reading the charge to the businesswoman, she pleaded guilty to all the counts of the charge. Following her plea of guilty, Justice Faji pronounced her guilty as charged, and convicted her accordingly.
After convicting the defendant, the prosecutor urged the court to fine her according to the terms of plea bargain.
Consequently, Justice Faji, ordered her to pay a total sum of N1.3 million, as contained in the terms of plea bargain agreement. The judge ordered that all the offending products tendered before the court, that is, the unfortified Brazilian sugars rebagged into Dangote sugar bags be forfeited to NAFDAC.
Justice Faji also ordered that the sum to be paid as fine should be paid into the federal government’s Treasury Single Account (TSA), and that the businesswoman be remanded until she fulfils the terms of plea bargain.
Some of the counts against the businesswoman reads: “That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos, within the jurisdiction of this honourable court, did sell Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar as Dangote Sugar, in a manner likely to create wrong impression as to its value contrary to Section 5(a) of the Food and Drugs Act Cap l. F.33, LFN 2004, and punishable under Sections 17(1) and (2) of the same Act”.
“That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos state, within the jurisdiction of this honourable court, imported various brands of granulated Brazilian sugar to wit: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar, without registration, contrary to Section 1(1) of the Food, Drugs and Related Products (Registration) Act Cap. F.33, LFN 2004, and punishable under Sections 6 (1) (a) and (b) of the same Act”.
“That you Esther Akinsanya, Femi Abraham Adebiyi, and Esther Olufunmilayo Akinsanya Nigeria Limited, on or about August 2, 2017, at 1, Tailor Road, Iddo, Lagos, imported food to wit: Aqucar Crystal Sugar; Aqucar Special Crystal sugar; and Usina Belavista sugar as Dangote Sugar, which are not fortified with Vitamin ‘A’, contrary to Section 1(1) of the Food fortification with Vitamin ‘A’ regulation 2005, and punishable under Sections 8(1) and (2) of the same Act”.
