By Innocent Anaba
LAGOS—A Federal High Court in Lagos, has been asked by Kola Okunlola and three other producers of My Pikin teething baby mixture, which allegedly killed over 80 children in the country, and are standing trial before the court, to discountenance the additional proof of evidence filed against them by National Agency for Foods and Drugs Administration and Control, NAFDAC.
Trial judge in the matter is Justice Okechukwu Okeke.
Okunlola with two of his staffs, Adeyemo Abiodun, Egbele Eromosele and Barewa Pharmaceutical Limited, were in March 2009 arraigned before the court on a six-count charge by the agency.
The accused persons, are arguing that the documents were filed long after the proof of evidence dated April 5, 2010 was filed in the charge.
They are further contending that no leave of the court was sought and obtained before NAFDAC filed and served such additional proof of evidence.
According to them, the prosecution had declined to explain its failure to file and tender the additional proof of evidence since investigation into the matter had been concluded.
The application was supported by a 16-paragraph affidavit deposed to by one, Ola Bakare.
Further hearing in the matter has been adjourned till February 4, 2011 for adoption of written addresses on the application.