THE Court of Appeal, Lagos division presided over by justice J.S. Ikyegh on Friday said it would on Monday hear the appeal filed by the convicted producers of 'my pikin' teething mixture.
The decision of the court followed the Respondents plea of time, to enable them file their response to the Appellants applications seeking the bail of the convicts pending the determination of the appeal and the application seeking for departure from the Rules of the Court as well as an accelerated hearing of the appeal.
By this adjournment, the respondent (NAFDAC) is, therefore, expected to have filed all necessary processes by the next adjourned date to enable the Court hear the pending applications.
On May 17, this year, Justice Okechukwu Okeke, now retired of the Federal High Court, Lagos in his judgment found guilty and convicted the appellants, Egbele Austin Eromosele and Adeyemo Abiodun to seven years inprisonment while ruling that their firm, Barewa Pharmaceuticals Limited be wound up and assets forfeited to the federal government.
The Judge found them guilty of conspiracy and sale of dangerous drugs. But on the same day, counsel to the convicts, Osaro Eghobamien (SAN) filed a Notice of Appeal on their behalf challenging the decision of the trial Judge.
He later filed a 14 ground amended Notice of Appeal on July 3, 2013 contesting the judgment and insisting that the trial judge erred in law in failing to consider the evidence of the defence but relied wholly on the unsworn statement of DW1 (defence witness 1).
"The learned trial Judge erred in law in convicting me for conspiracy and sale of dangerous drugs relying on unsustainable evidence in the absence of either direct evidence of identified victims who may have consumed the drugs, or autopsy/forensic reports in proof of the alleged deaths as a result of taking the drugs", the appellant stated, insisting that the conviction is unreasonable, unwarranted and cannot be sustained having regard to the evidence.
The Court was of the view that owing to the nature and urgency of the matter, it will adjourn same to Thursday, July 11 by which time the Respondents would have filed a necessary response to enable the Court hear the application.
The Guardian