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CLARA ONAH V. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37301 (CA)

Court of Appeal  •  CA/L/548C/2016  •  15 Mar 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the Federal High Court Lagos Division; coram OBIOZOR, J., delivered on 2nd March, 2016 in respect of the five count charge in Suit No. FHC/L/45C/16 as follows:

"COUNT 1

That you CLARA ONAH 'F' of No: 12 Mosalashi Street, Alagbado, Lagos sometime on or about the 26th day of January, 2016 at Idumota Market, Lagos within the jurisdiction of this Honourable Court was found in possession of fake drug to wit: AMAZON AMAZGYL METRONIDAZOLE TABLET 200mg and thereby committed an offence contrary to Section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Food (Miscellaneous Provisions) Act Cap C34 LFN 2004 and punishable under Section 3(1) (a) of the same Act.

COUNT 2

That you CLARA ONAH 'F' of No: 12 Mosalashi Street, Alagbado, Lagos sometime on or about the 26th day of January, 2016 at Idumota Market, Lagos within the jurisdiction of this Honourable Court sold fake d…

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