Federal
High Court in Lagos yesterday sentenced a 35-year old woman, Clara Onah,
to seven years in prison for selling fake drugs.
Onah, from Enugu State, was charged to court by the National Agency for Food, Drugs, Administration and Control (NAFDAC).
A Microbiology graduate of the University of Nigeria, Nsukka (UNN), Onah resides at No 12, Mosalashi Street, Alagbado in Lagos.
She pleaded guilty to a five-count charge of possession and sale of fake drugs following her arraignment on February 15.
The prosecutor, Mr Shamaki Umar, told
the court that the accused sold fake brand of 200 mg of Amazon Amagyl
Metronidazole tablets.
When the case resumed yesterday, Umar
presented the laboratory analysis of the confiscated drugs which showed
that they were fake and contained 20 rather than 200 milligrams.
The convict’s counsel, Mr Chinedu Moore,
in his allocutus, pleaded for leniency and urged the court to temper
justice with mercy. He submitted that his client was a first time
offender who did not have the intent to manufacture or sell fake drugs.
Amid sobs, Onah also pleaded for mercy, saying she didn’t know the drugs were fake.
But the prosecutor urged the court to
impose the maximum sentence, saying, “When she was asked to show the
operatives of NAFDAC where the drugs were being manufactured, she took
them to an unknown address that does not exist. When they eventually
traced her residence, they discovered items she used in manufacturing
the drugs such as weighing scales and labels.
“With all intent and purpose my lord,
she was manufacturing them herself. Therefore, I urge my lord to award
maximum sentence as provided by law so as to serve as deterrence to
others.”
In his judgment, Justice Chuka Obiozor
said: ”I will give you a second chance as a first offender but those who
took your drugs and died had no second chance”.
He reprimanded the convict for being a
2:1 UNN graduate who chose to deal in fake drugs instead of staying in
the village to find something worthy to do, if she could not get a
decent job in Lagos.
The judge said: “Clara Onah, you are
hereby sentenced to seven years imprisonment at the women wing of the
Kirikiri Maximum Prison on each of the counts. They are to run
concurrently starting from January 26, when you were arrested and
detained.
“The convict was also fined N50,000 on
count five. The prosecution should hold on to the exhibits pending the
elapse of the time of appeal of this judgment. At the elapse of appeal
window, the prosecution should destroy it.”
The offences contravened the provisions
of Section 1(1) (a), 3, and 3 (1) of the Counterfeit and Fake Drugs
Unwholesome Processed Foods, (Miscellaneous Provision) Act Cap 34, Laws
of the Federation, 2004.
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