‘Japata’ Sends 2 Men To Prison

 

Two men, Sunday Chibiuke and Ekpendu Chizurumoke, are currently remanded in the custody of the Nigerian Correctional Services (NCoS), for producing, distributing, selling and dealing in an unregistered alcoholic drink, named Japata.

The two men, were remanded in the prison custody, by a Lagos Federal High Court, after they pleaded not guilty to the charges made against them by the National Agency for Drug Administration And Control Agency (NAFDAC).

Arraigned alongside the two men was a company, Chigodson International Company Limited, belonging to Sunday Chibiuke.

The two men and the company were arraigned on Friday, before the court presided over by Justice Yelim Bogoro.

The prosecutor, Mr. O. M. About, told the court that the defendants, who were residents 30 Edegbami Offor Isheri-iri Street, and 1 Ashipa Road, Amule Bus Stop, Ayobo, both in Lagos State, were on April 22, 2023, where they producing, possessing, dealing and distributing the said unwholesome alcoholic drink named Japata Alcoholic Bitters.

The prosecutor told the defendants were producing the said alcoholic drink by mixing adulterate drinks with marijuana, but deceitfully labelled with another product label, in order to give wrong impression that the alcoholic drink is an original ones.

The prosecutor told the court that the offences committed by the defendants are contrary to section 1 of the Counterfeit and Fake Drug and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap C34, Laws of the Federation of Nigeria, 2004 and punishable under section 3 (1){a) of the same Act. 

He also told the court that the defendants’ acts contravened Sections 18 (a)(1) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under section 18(a)(i) of the same Act. 

And Section 1(a) and 5(a) of the Food and Drugs Act, Cap F32, Laws of the Federation of Nigeria, 2004 and punishable under section 17 (1) and (2) respectively of the same Act. 

The defendants pleaded not guilty to the charges.

With their not guilty plea, the prosecutor asked for a trial date and urged the court to remand the defendants pending trial.

But counsel to defendant’s, Mr. K. U. Ogujuiba, pleaded with the court to admit his clients to bail, saying that their bail applications have filed and served on the prosecutor.  

Responding, the prosecutor told the court that he was served with the bail applications while in court and he needs time to reply to the applications.

Justice Bogoro, after listening to both the prosecutor and the defence lawyer, adjourned the matter to September 9, 2023, for trial, while ordered that the defendants be remanded in the custody of the Nigerian Correctional Services (NCoS). 

The judge however said the parties can once they are ready to argue the bail application.

“That you, Sunday Chibiuke, Male, Adult and Chigodson International Company Ltd both of No. 30 Edegbami Offor Isheri-iri Street, Lagos State on or about the 22nd day of April, 2022 at No. 30 Edegbami Offor Isheri-iri Street, Lagos within the jurisdiction of this Honourable Court did produce unwholesome processed food to wit: Japata Alcoholic Bitters unlabelled mixture and thereby committed an offence contrary to section 1 of the Counterfeit and Fake Drug and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap C34, Laws of the Federation of Nigeria, 2004 and punishable under section 3 (1){a) of the same Act. 

“That you, Sunday Chibiuke, Male, Adult and Chigodson International Company Limited both of 30 Edegbami Offor Isheri-iri Street, Lagos State and Ekpendu Chizurumoke, Male, Adult of 1, Ashipa Road, Amule Bus Stop, Ayobo, Lagos State On or about the 22nd day of April, 2022, at No 30 Edegbami Offor Isheri-iri Street, Lagos within the jurisdiction of this Honourable Court did label a food to wit: Japata Alcoholic Bitters Unlabelled mixture in a manner that is likely to create a wrong impression as to is composition and thereby committed an offence contrary to section 5 (a) of the Food and Drugs Act, Cap F32, Laws of the Federation of Nigeria, 2004 and punishable under section 17 (1) and (2) respectively of the same Act.”

#######That you, Sunday Chibiuke, Male, Adult and Chigodson International Company Ltd both of No. 30 Edegbami Offor Isheri-iri Street, Lagos State on or about the 22nd day of April, 2022 at No. 30 Edegbami Offor Isheri-iri Street, Lagos within the jurisdiction of this Honourable Court did produce unwholesome processed food to wit: Japata Alcoholic Bitters unlabelled mixture and thereby committed an offence contrary to section 1 of the Counterfeit and Fake Drug and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap C34, Laws of the Federation of Nigeria, 2004 and punishable under section 3 (1){a) of the same Act. 
COUNT 2 
That you, Sunday Chibiuke, Male, Adult and Chigodson International Company Ltd both of No. 30 Edegbami Offor Isheri-iri Street, Lagos State and Ekpendu Chizurumoke, Male, Adult of 1 Ashipa Road, Amule Bus Stop, Ayobo, Lagos State on or about the 22” day of April, 2022, at No. 30 Edegbami Offor Isheri-Iri Street, Lagos State within the jurisdiction of this Honourable Court was found in possession of unwholesome processed food to wit: Japata Alcoholic Bitters Unlabelled mixture and thereby committed an offence contrary to section 1 of the Counterfeit and Fake Drug and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap C34, Laws of the Federation of Nigeria, 2004 and punishable under section 3 (1)(a) of the same Act. 
COUNT 3 
That you, Sunday Chibiuke, Male, Adult and Chigodson International Company | ‘4 both of No. 30 Edegbami Offor Isheri-irl Street, Lagos on or about the 22™4 dia, April, 2022, at the same address as above within the jurisdiction of this Honourable Court did adulterate drinks with marijuana to wit: Japata Alcoholic Bitters Unlabelled mixture, so as to change materially the substance of the drinks knowing that same will be sold as drinks and thereby committed an offence contrary to section 18 (a)(1) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under section 18(a)(i) of the same Act. 
COUNT 4 That you, Sunday Chibiuke, Male, Adult and Chigodson international Company Ltd both of No. 30 Edegbami Offor Isheri-iri Street, Lagos State on or about the 22“ day of April, 2022, at the same address as above within the jurisdiction of this Honourable Court did deal in a drink to wit: Japata Alcoholic Bitters Unlabelled mixture which has become noxious and thereby committed an offence contrary to section 18 (a)(ii) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under section 18(a)(ii) of the same Act. 
COUNTS That you, Sunday Chibiuke, Male, Adult and Chigodson International Company Ltd both of No. 30 Edegbami Offor isheri-iri Street, Lagos State and Ekpendu Chizurumoke, Male, Adult of 1 Ashipa Road, Amule Bus Stop, Ayobo, Lagos State on or about the 22” of April, 2022, at No. 30 Edegbami Offor Isheri-iri Street, Lagos State within the jurisdiction of this Honourable Court did manufacture an article of food to wit:Japata Alcoholic Bitters unlabelled mixture that has in it harmful substance not being a contaminant permitted by regulation and thereby committed an offence contrary to section 1 (a) of the Food and Drugs Act, Cap F32, Laws of the Federation of Nigeria, 2004 and punishable under section 17 (1) and (2) respectively of the same Act. 
COUNT 6