The National Agency for Food and Drug Administration and Control is prosecuting the suspects, the Chief Executive Officer of Barewa Pharmaceutical Limited, Kola Okunola; his two workers, Adeyemo Abiodun and Egbele Eromosele; and his firm, on a six -count charge.
When the matter came up on Wednesday, lawyer to NAFDAC, Mr. Doughlas Pepe, told Justice Okechukwu Okeke that the case could not proceed on the grounds that the original case file was with the transferred IPO.
He added that the lawyer to the accused persons had been briefed on the development.
Responding, one of the lawyers to the accused, Mr. Ola Bakare, confirmed the position of the Pepe.
He also urged the court to order the re-opening of the part of the factory that had nothing to do with the production of My pikin teething mixture.
Bakare further informed the court that only one out of the four blocks that constitutes the factory was used by the accused persons for the production of My Pikin.
But Justice Okeke directed Bakare to present his case formally to enable the other party to respond appropriately and adjourned the case till June 10 and 11.
NAFDAC had arraigned Okunola, Abiodun and Eromosele in March 2009 and alleged that the accused persons had in October 2008 manufactured an adulterated mixture with the intention to cause death or grievous bodily harm to members of the public.
It also claimed that the accused conspired among themselves to distribute and sell the adulterated mixture to Roca Pharmacy of 34 Balogun Road, Agege, Lagos with the intention to cause death or grievous bodily harm to members of the public.
According to NAFDAC, the offence is contrary to section 1 (a) and section 1 (18) of the Miscellaneous Offences Act No. 20 of 1984 as amended and punishable under sections 1 and 3 of the same Act.
But the accused persons pleaded 'not guilty' to all the counts.
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