Sat. Jul 31st, 2021

Court Sentences Seller of Fake Nivea Body Cream To 1 Year Imprisonment

Samples of The Fake Nivea Body Lotion Products Caught With the Convict

Court Sentences Seller of Fake Nivea Body Cream To 1 Year Imprisonment

Justice Nicholas Oweibo of a Federal High Court, Lagos, today, convicted and sentenced one Innocent Ude, to a year imprisonment, for distributing and selling adulterated Nivea body lotion products.

Justice Oweibo gave the convict an option of N40, 000, 00, in lieu of the custodian sentence, following plea for leniency by his lawyer, Ore Ogun.

The convict was first arraigned before the court on February 27, by the National Administration for Food and Drugs Agency (NAFDAC), on two counts charge of selling fake products.

The offences according to the prosecutor, Mr. Umar Shamaki, are contrary to sections 1 and 5 of Food, Drugs and Related Products (registration etc) Act Cap F. 33 LPN 2004 and punishable Under Section 6 (1) (a) and 17 of the same Act. 

He had pleaded guilty to the charges when first arraigned.

At today’s proceedings, the prosecutor, Mr. Shamaki, while reviewing the facts of the matter, told the court that the convict was arrested on November 14, 2019, at the AT/CIO, Enugu Plaza, Trade Fair Complex, Lagos, with  many adulterated Nivea body lotion natural fairness and NIVEA body lotion nourishing, by NAFDAC operatives.

In establishing the facts of the charge, Shamaki tendered convict’s extra-judicial statement dated October 14, 2019; request for scientific report form; wrapped samples of the adulterated Nivea body lotion products; laboratory analysis report dated March 12, 2020 and two pieces of Nivea body lotion products. All these were admitted and marked as exhibits A to E1.

Upon conclusion of the review of facts of the charge, the prosecutor urged the court to invoke the provisions of Section 6(1) and 17 of the Food and Drugs Act Cap F32, LFN, 2004 to convict and sentence the defendant.

However, counsel to the convict, Ogun, in her allocutor, pleaded with the court to tamper justice with mercy, in passing sentence.

Ogun further told the court that the convict is a first time offender and has become remorseful since he was arrested, and also promised not to engage in the act.

She therefore urged the court to consider section 416(2)(a)(d)(e) of Administration of Criminal Justice Act (ACJA) 2015, which she said proffered option of fine in lieu of custodian sentence sentencing her client.

After listened to the counsel’s plea for mercy, Justice Oweibo, held that: “I’ve considered the plea of counsel and the prosecutor’s submission. The convict is here  by fine N20, 000, 00 on count one and N20, 000, 00, on count two or six months in lieu of each fine.

“The fines are to run consecutively, while the custodian sentence to run concurrently”.

Charges against the convict reads:  COUNT 1: “that you Innocent Ude (M) of AT/C10 Enugu Plaza, Trade Fair Complex, Lagos within the jurisdiction of this Honourable Court on or about the 14th day of November, 2019 at AT/CIO Enugu Plaza, Trade Fair Complex did sell cosmetic, gm wit:NIVEA body lotion natural fairness and NIVEA body lotion nourishing without registration and thereby committed an offence contrary to section 1 of Food, Drugs and Related Products (registration etc) Act Cap F. 33 LPN 2004 and punishable Under Section 6 (1) (a) of the same Act. 

COUNT 2: “that you Innocent Ude (M) of AT/ClO Enugu Plaza, Trade Fair Complex, Lagos within the jurisdiction of this Honourable Court on or about the 14th day of November, 2019 at AT/CIO Enugu Plaza, Trade Fair Complex did sell cosmetic, to wit:NIVEA body lotion natural fairness and NIVEA body lotion nourishing in a manner that is false and thereby committed an offence contrary to Section 5 of Food and Drugs Act Cap F. 32 LFN 2004 and punishable Under Section 17 of the same Act”.