Illegal pharmacy operator, three others jailed for eight years for operating unregistered pharmacy

A Federal High Court sitting in Calabar has sentenced a drug seller, Isidora Ezea, and three others to eight and a half years imprisonment each for operating unregistered pharmacy premises and illegally dispensing medicines. 

.....

The defendants were convicted in suit No. FHC/CA/76C/2025, filed by the Federal Republic of Nigeria against Ezea and three others over violations of pharmacy regulations. 

Delivering judgment on Monday, June 1, Justice Ijeoma Ojukwu found the defendants guilty on five counts bordering on operating pharmacy premises without registration and dispensing drugs through unlicensed personnel. 

The court, however, discharged and acquitted them on three other counts relating to the alleged unlawful unsealing of pharmacy premises earlier shut down by regulatory authorities. 

During the trial, the prosecution told the court that officials of the Pharmacy Council of Nigeria (PCN) had sealed two pharmacies operated by the defendants following a routine inspection and enforcement exercise. 

Evidence presented before the court showed that the premises were later reopened and business activities resumed despite the regulatory action. 

Justice Ojukwu held that the prosecution failed to establish the allegation that the defendants unlawfully broke the seals placed on the premises. The court noted that officers of the Nigeria Security and Civil Defence Corps (NSCDC) had authorised the reopening of the shops. 

According to the judge, since the prosecution did not challenge that evidence, the defendants could not be held criminally liable for acting on instructions issued by law enforcement officers.

The court nevertheless observed that the pharmacies continued to operate despite clear regulatory infractions and previous enforcement actions by the Pharmacy Council. 

Emphasising the importance of strict compliance with pharmacy regulations, Justice Ojukwu described the regulation of pharmaceutical practice as critical to the protection of public health and safety. 

“In the final analysis, and having considered the totality of the evidence presented in this case, it is my humble view, as inspired by the law and decisions of the appellate court, that the prosecution has established the offences in counts one to five, and I hereby find the defendants guilty as charged,” the judge ruled. 

The court subsequently ordered security agencies to arrest the defendants, who were absent during the judgment, and ensure they serve their sentences or, alternatively, pay a fine of N11 million each.