By Edward Dibiana
Informed minds on the judicial processes, always assert that the “wheel of justice may be slow, but judgement day comes eventually, for every offender.” That is probably why the sound of gavel of justice is always a pleasant music to the ears of victims of crime. Nothing, perhaps, makes crime victims happier as to see their offenders brought to book. In fact, the realisation that those who profiteer on unwholesome products to the detriment of the society are made to face the law, is not only liberating but reassuring.
This is most likely why the legal actions instituted against product counterfeiters, especially the recently secured convictions, against substandard products merchants, by the Standards Organization of Nigeria (SON), are sweet songs to many.
Such was the elation of many recently, when SON disclosed that it had confiscated fake and substandard products worth N300 billion, in recent months across the nation. Making the revelation at a workshop with stakeholders in Lagos, Yaya Burka, who represented the Director-General of SON, Osita Aboloma, attributed the success to the the potency of the SON Act 2015, enacted by the Seventh National Assembly, which empowers the agency to impound substandard products and prosecute perpetrators.
The SON official said, “we have since embarked on arraignment and trial of some of the suspects linked with the impounded goods. We are not resting on our oars.”
SON DG, Aboloma, has always expressed the agency’s readiness, determination and capacity to “take on purveyors of substandard and life-endangering products and their collaborators in the interest of the safety of Nigerian citizens and the nation’s economy.”
For instance, on July 9, 2019, in Osogbo, Osun state, two people were convicted for product counterfeiting, by a Magistrate Court in a case brought against them by SON. The Presiding Magistrate, Modupe Awodele, sentenced the suspect, Mr. Shodipo Olujimi, to six months imprisonment without an option of fine and also sanctioned his company, Gold Channel International, for presenting forged Laboratory Test Results and a forged Bank Teller for the certification of table water product in Osogbo.
After the judgement, an elated SON prosecuting counsel, Adeleke Olofindare, enthused, “Though the wheel of justice might turn slowly, it surely has caught up with the convicts. The Director General of SON, Osita Aboloma Esq. has severally reiterated the organisation’s commitment to combating standards infractions in whatever form. This judgement is a clear message to all those involved in the production, importation and distribution of substandard, injurious and life-endangering products that the law will eventually catch up with them.”
Over time, Nigerians have become victims of criminal enterprise of unscrupulous businessmen and women, who have turned the country into dumping ground for fake and substandard products. These unwholesome products, unfortunately, deny unsuspecting consumers of satisfaction and value for money. They sometimes, also, endanger people’s lives in several ways.
Some of these products include: substandard Tyres or motor Break Pads, that could cause road accidents; substandard iron rods that usually result in building collapse; fake cooking gas cylinders and electric wires that could explode and lead to domestic fire incidents and avoidable casualties; adulterated engine lubricants that could potentially damage motor engines, among others.
But serving justice to perpetrators of fake and substandard products appears to be the hallmark of the renewed commitment in the fight against fake and substandard products by the Barrister Aboloma-led SON.
Constitutionally established to ensure standards of products and services in Nigeria, the organisation is taking the fight against substandard products beyond rogue factories, warehouses, markets to the courtrooms in search of justice, in line with SON Act 14 of 2015, which empowers the agency to prosecute offenders of Standardization infractions.
Last June, in Lagos state, a Federal High Court, remanded two businessmen in prison custody over alleged importation and sale of substandard gas cylinders. The defendants were arraigned before Justice Saliu Saidu on May 13 on a five-count count charge. The suspects, Emmanuel Anthony Nnan and John Paul Ejike were arraignment alongside their company, Star Master Electrical Co. Ltd by SON.
The court paper read in part: “That you Emmanuel Anthony Nnan, of Plot 18 32D, House 1 Close 3′ (1 Avenue Festac Town, Lagos, John Paul Ejike of 50 Bornu Crescent, Apapa, Lagos and Star Master Electrical Co. Ltd of No. 2 Royal Plaza Alaba Market, Ojo, Lagos, on or about April 24, 2019, while at SON office, No. 3 Boma Road, Apapa, Lagos State within the jurisdiction of this honourable court did forged SON product registration certificate with intention of causing same to be believed to have been issued by SON and thereby committed an offence contrary to Section 465 and punishable under Section 467 of the Criminal Code Act CAP C38 Laws of the Federation of Nigeria 2004.”
Earlier in April, a businessman, Cajetan Chike Muonagolu was ordered to be remanded in prison custody by Justice Saliu Saidu of the Federal High Court Ikoyi Lagos, on a four count charge bordering on dealing in adulterated and substandard engine oil.
As revealed by the court papers, one of the the charges against him read, “That you Cajetan Chike Muonagolu and Richbon Nigeria Limited of Plot 242, Oshodi Apapa Express Way , Odolowu Bus Stop, Lagos on or about 12/13 December 2019, while at ASPAMDA Trade Fair Complex, Lagos Badagry Expressway Lagos State Lagos State Lagos State within the jurisdiction of this Honourable Court did fail to comply with the Standards Organisation of Nigheria’s Conformity Assessment Programe (MANCAP) to wit; dealing in and having in possession of: 15,000 Cartons of Prime Plasma, Prime ATF and Stanley brand of adulterated/substandard engine oil”.
The court, however, admitted Muonagolu to bail in the sum of N50million and two sureties in the like sum. One of the sureties must be a civil/public servant not less than Grade Level 15 in the employment of the Federal or Lagos State Government while the other must be the defendant’s relation with landed property within the jurisdiction of the court.
Also in February, 2019, a Federal High Court in Lagos ordered the remand of four men charged with producing adulterated engine oil. Justice Oluremi Oguntoyibo ordered that the suspects, Johnson Uche, Olaide Shifty, Kingsley Meteke and Abdulquadri Olayinka , be remanded in prison custody pending their arraignment. The prosecution stated that the engine oil did not comply with mandatory industrial standards, an offence that violated Section 26 of the SON Act 2015.
SON had last year in Awka, Anambra state, arraigned a businessman, Mr Emeka Nwankwo and his wife Mrs. Adaobi Nwankwo before a Federal High Court for allegedly manufacturing substandard aluminium roofing sheets. Operating under the business name, Great Meckon investment, located within the International Building Materials Market, Ogidi , Anambra state, the roofing sheets they produced were said to be below requisite and expected quality and therefore, an offence punishable under the SON Act 14 of 2015.
But one of the biggest legal actions against perpetrators of substandard products by SON, remains the case before Justice C.M. A. Olatoregun of the Federal High Court, Ikoyi, Lagos, against two Chinese nationals and their Nigerian collaborators over the importation of stuffed substandard Tyres valued at about N5billion.
Aboloma, disclosed that the syndicate led by two Chinese, Tanlong Shen and Xu Jing Yao, was discovered and arrested in 2017, through inter- agency intelligence and collaboration. He said that when the intelligence was received, from well-meaning Nigerians, SON swung into action, impounded the Tyres and arrested the culprits.
“This was achieved as a result of inter-agency collaboration. The glory is not for SON alone. You can see the volume of Tyres brought in and you can imagine the implication for our society if these Tyres were let into the market,” the DG, said.
The Chambers of Festus Keyamo (SAN), current Minister of State for Niger Delta, is representing SON in this important case. Aboloma has reiterated SON’s resolve and commitment to ensure that rogue businessmen and women, whether Nigerians or foreign nationals are continually brought to book to serve as deterrent to others.
. Dibiana wrote from Abuja