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Business woman docked over production of counterfeit product


Acting Director General of NAFDAC, Mrs Yetunde Oni

A Lagos based businesswoman, Nkiru Kalu who was recently arrested by the National Agency for Food and Drug Administration and Control (NAFDAC) over alleged production of counterfeit product has been arraigned before the Federal High Court, Lagos.

Kalu was arrested at Kilometer 16, Ojo Badagry area of the state, on February 23, docked before court Thursday, on a four count charge bordering on production of counterfeit product, possession of counterfeit product, selling of unregistered product and obstructing law enforcement officers from performing their duties.

In the charge, the defendant was alleged to have produced an unwholesome processed food to wit; Ethanol drink (Ogogoro/ Kaikai). Kalu was alleged to have been in possession of the product on the day of her arrest.

NAFDAC also alleged that the product found in possession of the defendant was unregistered processed food  which is an offence under Section (1) (1)  of  Food Drugs, and Related Products (Registration etc) Act Cap F33 LFN, 2004 and punishable under Section 6 (a)  of the  same Act.

Other offences were alleged to have been committed by the accused person Contrary to Section (1) (a)  of the Counterfeit and Fake Drugs and Unwholesome Processed Food (Miscellaneous Provision) Act Cap C 34 LFN, 2004 and punishable under Section 3 (1) (a) of the same Act.

Besides, the prosecutor, Umar Shamaki also alleged that the defendant on the day of her arrest, obstructed  officers of NAFDAC in the performance of their duties and thereby committed an offence contrary to Section 25(1) of the Agency’s Act Cap N1 LFN , 2004 and punishable under Section 25(1) of the same Act.


Upon the reading of the charge to her, the accused pleaded not guilty and her counsel made an oral application for bail but the court rejected it.

The trial Judge, Justice O.O. Oguntoyinbo held that proper application for bail should be in writing and not oral.

The court ordered that since there was no proper application for bail, the accused should be remanded in police custody at Alagbon, pending determination of bail application .

Further hearing has been adjourned till May 31.



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