Three persons, namely, Adeyemo Abiodun, Egbele Austin Eromosele and the Appellant herein, a limited liability company, were arraigned before the Federal High Court, Lagos on a six counts amended charge for various offences under the counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C 34 Laws of the Federation of Nigeria 2004, and Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria, 2004.

They pleaded not guilty to the charge. In order to prove its case, the prosecution called seven witnesses and tendered several documents which were admitted in evidence. Mr. Egbele Austin Eromosele was the only witness that testified for the defence. At the end of the trial, and in a reserved and considered judgment, delivered on the 17th May, 2013, Okeke. J. found the Appellant and the two other accused persons guilty of the offence under counts 3 and 4 of the amended charged and they were all convicted accordingly.

Appellant herein, being a company was ordered to be wound up and its assets forfeited to the Federal Government of Nigeria, while the two other convicts were each sentenced to seven years imprisonment on each of the two counts. The sentences were ordered to run concurrently. They were however acquitted and discharged from the remaining counts.

Being aggrieved, the three convicts appealed separately to the Court of Appeal (the lower Court). The appellant's appeal was heard. In a reserved and considered judgment delivered on the 31st of May, 2016, the appeal was allowed in part. The conviction for conspiracy to sell dangerous drugs. "My Pikin Baby Teething Mixture" to Roca Pharmacy under count three of the charge was set aside. Conviction for sale of dangerous drugs under count 4 was affirmed. The order for winding up and forfeiture of the assets of the appellant was also set aside by the lower Court. In its place, the Appellant was sentenced to a fine of One Million Naira (N1,000,000.00).

The Appellant is dissatisfied with the judgment of the lower Court. Being aggrieved it has brought this appeal.