Wale Igbintade
A Federal High Court sitting in Lagos has convicted a Lagos-based trader, Elijah Chigbogu, and two companies over the alleged possession, display for sale, importation and distribution of fake and unregistered drugs.
Justice Musa Kakaki convicted the defendants after they pleaded guilty to a four-count charge brought against them by the National Agency for Food and Drug Administration and Control (NAFDAC).
Following the guilty plea, the prosecution informed the court of a plea bargain agreement reached with the defendants and urged Justice Kakaki to adopt its terms as the judgment of the court.
After reviewing the agreement, the judge convicted the defendants and sentenced the first defendant, Chigbogu, to a fine of N1.5 million.
The two corporate defendants are Prolife & Well Pharmaceutical Limited and God of Elijah Nigeria Limited.
The defendants were arraigned before the court on allegations bordering on the unlawful possession and display for sale of fake drugs, as well as the importation and distribution of unregistered pharmaceutical products.
The prosecution was represented in the matter by NAFDAC counsel, Anita Madu, who urged the court to order that the four-count charge be read to the defendants so they could take their pleas.
After the charge was read, Chigbogu and the two companies pleaded guilty to all four counts.
The prosecution thereafter drew the attention of the court to the plea bargain agreement and urged Justice Kakaki to adopt it.
According to the charge, Chigbogu, 45, of No. 58, Orisan Street, Idumota, Lagos; Prolife & Well Pharmaceutical Limited, of No. 58, Obun Eko Street, Idumota, Lagos Island; and God of Elijah Nigeria Limited, of No. 29, Oluwale Loyole Street, Ikotun-Egbe, Lagos, allegedly committed the offences on or about July 28, 2025.
NAFDAC alleged the defendants were found in possession of several pharmaceutical products described in the charge as fake drugs.
Among the products listed were Zanza Cyprodine, Calpol 200ml Suspension, Zirtek Allergy Relief, Candesartan 4mg Tablets, Nicorette 4mg, Lisinopril 10mg Tablets, Canesten Thrush 20mg, Anusol Ointment, Gaviscon Double Action and Prolife Vitamin C.
Others were Gliclazide 80mg Tablets, Amitriptyline 25mg Tablets, Allopurinol 300mg Tablets, Levothyroxine 50mg Tablets and Doxazosin 2mg Tablets.
In the first count, the prosecution alleged the defendants were found in possession of the products and 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(1) of the same Act.
The second count accused the defendants of displaying the products for the purpose of sale, contrary to Section 1(b) of the same Act and punishable under Section 3(1).
The third count alleged the defendants imported the products without the requisite registration.
The offence was said to be contrary to Section 1(1) of the Food, Drugs and Related Products (Registration, etc.) Act, Cap. F33, LFN 2004, and punishable under Sections 6(1)(a) and 8 of the Act.
In the fourth count, NAFDAC alleged the defendants distributed the unregistered drugs, also in violation of the provisions of the Food, Drugs and Related Products (Registration, etc.) Act.
The allegations therefore covered four separate aspects of the defendants’ alleged dealings in the pharmaceutical products: possession, display for sale, importation and distribution.
Rather than contest the allegations at trial, the defendants admitted the four counts when they were called upon to enter their pleas.
The guilty pleas paved the way for the prosecution to present the plea bargain agreement for the consideration of the court.
Justice Kakaki subsequently reviewed the agreement before convicting the defendants.
The case was prosecuted by NAFDAC as part of its enforcement of laws regulating pharmaceutical products and prohibiting the possession and commercial handling of counterfeit or unregistered drugs.
The conviction brings the proceedings to an end following the defendants’ guilty pleas and the adoption of the plea bargain agreement by the court.