DEMAND FOR IMMEDIATE LABORATORY TESTS AND INQUIRY INTO THE SUITABILITY OF THE ERISCO NAGIKO TOMATO MIX FOR HUMAN CONSUMPTION AND VERIFICATION OF THE CLAIM OF CHIOMA OKOLI.
We, ADVOCACY FOR CHANGE AND SOCIAL VALUES NETWORK (Inc.), have noted with dismay the concerted efforts by Ericso Group, working with Agents of the Nigerian Government to silence Consumers in the Country, an act which every right thinking consumer in Nigeria must challenge.
We need to make it clear that we condemn every act of intentional and malicious defamation of any trade or brand. Much as we are not in a position to paint Okoli’s statements with malice and improper motive, we demand due process in her case.
As we continue to appraise, reappraise and review the ERISCO tomato sage with Chioma Okoli, we are forced to terms with the hard reality of the inefficiency and lackadaisical nature of most of our institutions and how unprofessional and elitist the Nigerian Police have become.
Our review of the available facts reveals that Chioma Okoli had an open tin of Erisco tomatos before her, while she wrote on her Facebook page, as alleged:
“I decided to taste it. Sugar is just too much.
“When I opened it, I decided to taste it, Omo! Sugar is just too much!”
(Copied from Statement issued by FCCPC https://consumerconnectng.com/30717)
The circumstances of her post, with the open tin of Nagiko Tomato Mix before her, put her in two rational positions in law: Firstly, she was a CONSUMER, and Secondly she had a RIGHT OF REVIEW of the consumed product under the Consumer Protection Law.
The initial rational disposition or conclusion of any dispassionate observer of her post would be that she was (or could be) reviewing the product before her. This was a given inference. The fact that she decided to carryout her review of the “consumed product” on Facebook was secondary to her primary right of review.
Therefore, in a civilized society, her comment, first and foremost, MUST BE TAKEN FOR WHAT IT ACTUALLY WAS: A FEEDBACK AFTER REVIEW or A COMPLAINT BY A CONSUMER AGAINST A PRODUCT, for which the Regulators must initiate and commence QUALITY ASSURANCE BASED INVESTIGATION AND INQUIRY. It is only after the Regulatory bodies have found her observations as incorrect or false, that possible Police investigation may be commenced to ASCERTAIN her INTENT for making such a publication, and whether it was malicious.
The Regulatory Bodies must first determine whether her statement was a true statement of fact based on genuine observations of a concerned consumer or a reckless opinion.
Since the saga started, we have not seen any PROFESSIONAL AND SCIENTIFICALLY BASED REPORT by the National Agency for Food & Drug Administration & Control (NAFDAC), Standards Organisation of Nigeria (SON) or Federal Competition & Consumer Protection Commission (FCCPC) showing that they had taken random samples/specimen of the said Erisco Nagiko Tomato Mix to any Laboratory for tests and that the observations made by Chioma Okoli (a Consumer) were incorrect.
We need not emphasize that, as things stand now, in carrying out such regulatory tests and inquiry, Chioma Okoli is entitled to appoint any Representative of her choice, and Consumer Protection related Civil Society Organization must also be represented. Therefore, we do not expect some afterthoughts tomorrow alleging that such tests have been done.
We have read a Press Statement issued by the FCCPC, after inviting the Erisco Group, (obviously with no representation from Okoli as the Statement did not show so), which did not address the live issue: was Okoli’s observations false? It was rather a purported meeting of a Regulator with one side and behind the other party.
PREMATURE AND FATALITY OF THE PROSECUTION BY THE POLICE AT THIS STAGE
No doubt, prosecutorial discretion rests with the Police. However, it is astonishing how the Nigerian Police hurriedly rushed a Consumer to court for reviewing a product which in her best of judgements and observations was below acceptable health and consumable standards. If we may ask the Nigerian Police, what was the basis for the premature and hasty prosecution? The only answer being that they intend to silence Chioma Okoli and other consumers from speaking out against the elitist-producer, who do not care about consumer rights and health issues.
Otherwise, it is obvious that the main or active ingredient of the offence that Chioma Okoli was hurriedly charged with is “malicious intent”. The question is how do the Nigerian Police intend to prove “malicious intent” of that statement without first establishing the “falsity of the statement” itself. And how do they prove the falsity of the statements without a scientific/laboratory test of the product to ascertain whether the level of “sugar” was high as alleged by Okoli or not? The Police failed to realize that whereas the Regulatory Bodies are allowed and entitled to draw samples from a “Batch of that Product” for their test, the Police can only test the specific tin of Nagiko Tomato Mix which Okoli had at the time of the post in order to prove its sugar content. Did the Police recover that particular tin as Exhibit in prove their case? Just pondering aloud!
This is how Nigerian law enforcement agencies set the courts up for public castigation by their shoddy and unprofessional investigations and prosecutions.
NO TO UNFAIR TRIAL
There are early signs of unfair trial. Chioma Okoli had cried out that the Police forced her to render an apology to Erisco before she could be admitted to bail. The Court is already being prejudiced against her with that apology. Secondly, Okoli lives in Lagos with her family, the offence was allegedly committed in Lagos State, but she is being tried in Abuja, which costs an average of N300,000 ($300) for logistics every court session, and if she is unable to attend court any day for lack of funds, bench warrant would be issued for her arrest. Access to justice is a key indicator of fair trial.
NOTICE TO NAFDAC, SON AND FCCPC TO INVESTIGATE THE PRODUCT
In the circumstances, we hereby demand immediate laboratory investigation of the said Erisco Nagiko Tomato Mix to ascertain the complaint of Okoli and the suitability of the product for human consumption.
We have instructed our Solicitors to take steps immediately to compel these agencies to investigate the quality of the product.
Should NAFDAC, SON, FCCPC fail to commence inquiry, WITHIN SEVEN (14) DAYS, into the suitability of this product for human consumption, we shall take out a CLASS ACTION against Erisco and ensure that the said Nagiko Tomato Mix is put out of the market and banned for human consumption.
Signed
ADVOCACY FOR CHANGE AND SOCIAL VALUES NETWORK Inc.
Contact: agwills2@yahoo.com
