A Federal High Court sitting in Awka, Anambra will on Tuesday, May 23, 2017 deliver its ruling on an application filed by a manufacturer, Benjamin Nwizu, seeking to quash the charge preferred against him by the Federal Government over alleged products counterfeiting.
Nwizu, who is the managing director of Bendusco Nigeria limited, Onitsha, is being prosecuted before Justice I. B. Gafai on a four-count charge, bordering on manufacturing, storing and distribution of fake tooth brush; breaking of seal order and non-compliance to regulatory standard of the Standards Organisation of Nigeria (SON).
His counsel, Mr. Chuka Onyali, in the application filed on May 16 had asked the court to quash the charge for being an abuse of court processes.
Onyali also argued that the amended charge filed by the prosecution should be discountenanced as it was the same with the one already in process.
Responding, the prosecutor, Mr. Joseph Olofindare, argued that the charge was valid and that the application to quash should be dismissed by the court.
Following their submissions, the judge consequently adjourned the matter till May 23, 2017 for ruling.
Gafai had also granted him bail following his earlier remand in prison custody at his arraignment.
The judge ordered Nwizu to produce a surety who must not be lower than a Grade Level 8 Officer in the Anambra State Civil Service.
In the charge, Nwizu was alleged to have committed the offence in October 2014.
A part of the charge against him reads :”That you engaged in the manufacturing of Tooth Brush, Hair Brush, Shoe Brush, Plastic Hangers and packaging of Dorco disposable safety razors did sell or deliver the said products for consumption to the public without complying with the mandatory industrial standard thereby committed an offence.
“That you willfully destroyed the official seal placed by the SON’s officials ordering you to suspend the production. Storage and sale of products which are substandard and you thereby committed an offence punishable under Section 3(a) of Miscellaneous Offence Act, Laws of the Federation of Nigeria (2004) CAP M” among others.
