CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): The appellant and two others were arraigned in the Lower Court on an amended charge which read as follows:
COUNT ONE:
That you Adeyemo Abiodun, Egbele Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable Court on or about October, 2008 manufactured an adulterated drug to wit: MY PIKIN BABY TEETHING MIXTURE and you thereby committed an offence contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34 Laws of the Federation of Nigeria, 2004 and punishable under Section 3 of the same Act.
COUNT TWO:
That you Adeyemo Abiodun, Egbele Austine Eromosele and Barewa Pharmaceutical Limited of 1-5 Olugbo close, Shasha Road Akowonjo, Lagos State within the jurisdiction of the Honourable Court on or about October, 2008 distributed an adulterated drug to wit: MY PIKIN BABY TE…