Illegal Drugs: Appeal Court affirms 5-year jail term of pharmacy technician

The Court of Appeal sitting in Ibadan, has affirmed the conviction and sentence of one Osinilu Dongo Tayo, a pharmacy technician and member of the National Association of Pharmaceutical Technologists and Pharmacy Technicians of Nigeria (NAPTTON), for selling medicines in a shop not registered and licensed by the Pharmacy Council of Nigeria, PCN.

The appellate court’s judgment on March 19, 2025, followed Tayo’s conviction by the Federal High Court, Abeokuta on a 5-count charge.

The trial court had sentenced the pharmacy technician to a concurrent term of 5 years in prison without an option of fine and further fine of N10,000.

In default of payment of fine, the trial court further sentenced Tayo to a 6-month jail term.

A statement by the Registrar of the Pharmacy Council of Nigeria, PCN, Ibrahim Ahmed revealed that the large consignment of drugs illegally stocked and being sold by Tayo was also ordered to be forfeited to the Federal Government.

On May 2019, the convict was found by PCN enforcement team to have heavily stocked his medicine shop named STAYILDOSH PHARMACY at Ijebu-Ode, Ogun State, with all classes of medicines without being registered and licensed by the Pharmacy Council of Nigeria, the regulatory body.

Consequently, he was arraigned, tried and convicted accordingly.

In his defence, the convict contended that he was a pharmacy technician graduate of Ogun State School of Health Technology, Ilese-ljebu, Ogun State.

Also, he had told the court that he was a member of the NAPTTON and not subject to the regulatory control by PCN.

However, the trial court rejected this defence and held that the prosecution proved all the 5 counts of the charge against Tayo and sentenced him accordingly.

Miffed by the judgment of the lower court, Tayo headed to the Court of Appeal, Ibadan Division to seek redress, specifically seeking the setting aside of his conviction by the Federal High Court, Abeokuta.

Meanwhile, the Court of Appeal, in its judgement, found no merit in the appeal and dismissed it, and affirmed the conviction and sentences of the Federal High Court, Abeokuta.

In addition, the appellate court upheld consequential orders made by the Federal High Court, to the effect that the drugs seized from the defendant be forfeited to the Federal Government of Nigeria and that his pharmacy premises shall remain sealed until the defendant complied with all regulatory requirement including meeting the requirement of the PCN as to location and licence.