Court remands businessman for allegedly producing substandard automobile oil

Justice Rilwan Aikawa of the Federal High Court, Lagos has remanded a businessman, Ibegbu Anayo, in police custody for allegedly producing and distributing adulterated Total and Mobil automobile engine lubricants. 

The remand followed his arraignment by the Standards Organisation of Nigeria (SON) on a 12-count charge bordering on producing the substandard products and rebranding them.

The judge ordered his remand pending the hearing of his bail application. SON said Anayo and others now at large, on July 15, 2020, at Mammy Market, Navy Town, Ojo, “did indulge in the production of adulterated/substandard Total and Mobil engine oil lubricants for public consumption”.

The products, SON said, did not comply with the mandatory industrial standards for lubricants, an offence punishable under Section 26(2) of the SON Act, 2015. 

The prosecution said he also failed to comply with SON’s Mandatory Conformity Assessment Programme (MANCAP) for locally manufactured products, an offence contrary to and punishable under Section 26(2) of the SON Act. 

The prosecution said Anayo also “did engage in the distribution of adulterated/substandard engine oil of Total, Mobil, Naris Gold brand and other lubricants without lawful authority or licence”.

SON said the defendant “did deal in” the products and “did adulterate” petroleum products to wit: engine oil of various brands “which are not of the quality, nature and efficacy expected of the products”.

In count 7, the prosecution said Anayo offered to sell the substandard products to unsuspecting customers.Count 8 alleges that he affixed false labels on kegs of various sizes and unbranded cartons and claimed they were genuine Total and Mobil engine oil, which was “calculated to deceive unsuspecting consumers that the products are genuine Total or Mobil products”.

The alleged offence is contrary to Section 3(1)(b) of the Merchandise Marks Act of 2004 and punishable under Section 3(3)(a) and (c). Prosecuting counsel Yusuf Lawan, a Senior State Counsel in the Federal Ministry of Justice, said the alleged offence is contrary to Section 465 of the Criminal Code Act of 2004 and punishable under Section 467. 

The defendant pleaded not guilty to all the counts. Justice Aikawa ordered that Anayo be remanded in police custody pending the hearing of his bail application and adjourned until for hearing.