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NONYE IWUNZE V. THE FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 52067 (SC)

Supreme Court  •  SC.354/2011  •  14 Feb 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC (Presided) BODE RHODES-VIVOUR JSC (Read the Lead Judgment) MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC JOHN INYANG OKORO JSC

Appearances
B. C. Igwilo Esq., - for the Appellant. -*- O. Chinwike Esq., (with him, Tuduru Ede, Esq) - for the Respondent.

Judgement

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant, as accused person was arraigned before a Federal High Court, Kano on a two count charge which read:

COUNT 1

That you Nonye Iwunze (M) a trader resident of Kwanarkifi Quarters Brigade Kano on or about 18th October 2004 at Bachalawa Quarters Kano manufactured fake Barbicillin Ampicilin syrup (powder) and Rampicillin Ramsey syrup (powder) 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 C.34 Laws of the Federation of Nigeria 2004 and punishable under section 3 of the same Act.

COUNT 2

That you Nonye Iwunze (M) a trader resident of Kwanarkifi Quarters Brigade Kano on or about 18th October 2004 at Bachalawa Quarters Kano, within the jurisdiction of this Honourable Court were in possession of fake Barbicillin Ampicillin syrup (powder) and Rampicillin Ramsey syrup (powder) and you thereby committed an offeโ€ฆ

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