Ibeh Nkemakonam, a 48-year-old trader based in Lagos, changed his previous not-guilty stance and entered a guilty plea before the Federal High Court of Nigeria for keeping, warehousing, and distributing expired Mosto Tinto wine. The legal proceedings are being overseen by Justice Yelim Bogoro, following three criminal counts filed against the businessman by the National Agency for Food and Drug Administration and Control (NAFDAC).
What led to the trader's arraignment?
NAFDAC instituted the legal action against Nkemakonam alongside an accomplice, Okafor James Cyril, who is currently evading authorities. According to regulatory filings, the infractions occurred on April 3, 2024, within the commercial premises of the Balogun Business Association Trading Complex located in Lagos State.
During his initial arraignment in 2024, the defendant contested the allegations and was subsequently granted administrative bail by the court. However, during a subsequent court session, Nkemakonam's legal representative indicated his client's intention to alter his plea to guilty.
How did the court respond to the change of plea?
Following the admission of guilt, the prosecuting counsel representing NAFDAC, Cynthia Igweiro, requested an adjournment to enable the state to present a formal review of the facts in preparation for the sentencing phase. Igweiro further prayed the court to transfer the defendant to the facility of the Nigerian Correctional Service (NCoS) pending the next court date. The defence counsel raised no objections to the prosecution's application.
Justice Bogoro granted the request and scheduled November 18, 2026, for the presentation of the facts and subsequent sentencing, ordering that Nkemakonam remain in NCoS detention until that date.
What specific charges were brought against the defendant?
The charges border on public health safety violations under Nigerian federal legislation. Count one accuses the trader of keeping expired Mosto Tinto wine at the Balogun market, an offence punishable under Section 3 of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap. C34, Laws of the Federation of Nigeria, 2004.
The second count states that he stored consumable goods deemed hazardous to human health, breaching Section 1(1)(b) of the Food and Drugs Act, Cap. F32, LFN, 2004, which carries penalties under Section 17(1) of the legislation. Furthermore, the third count accuses him of keeping adulterated food items in violation of Section 1(2) of the same legal statute.