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Nestle In Trouble Over Alleged Fake Sales Promotion

The Federal Government has slammed a 10-count criminal charge of obtaining by false pretenses and promoting an illegal lottery, against Nestle Nigeria Plc and two other persons, before a Federal High Court, Lagos.

Other two accused persons charged alongside Nestle Nigeria Plc in a charge marked FHC/L/77c/15, are: Goes Hon and Beebee Ayeku.

In the 10 counts criminal charge filed by J. Nwadike of Criminal Investigation Department, Force Headquarters, Abuja, Nestle Nigeria plc, Gord Horn and BeeBee Ayeku and others said to be at large, were alleged to have between October 2014 and October 2015, at Lagos, conspired among themselves to commit an offence by inducing a person in Nigeria to confer a benefit.

The Federal Government also alleged that Nestle Nigeria Plc and other accused persons, have at the same time and place induce Nigerians to confer benefit on them by entering into the contract of buying a product titled “Year-End Shoppers Bag Promo” upon the promise to the effect that participants will win a prize.

They were also alleged that to have induce Nigeria populace to enter into the contract of buying a product by way of advance payment in the guise of lottery captioned “Year -End Shoppers’ Bag promo” upon promise to the effect that participants will win a prize.

The defendants and others at large were also alleged to have between October 2014 and October 2015 at Lagos, did established and keep the premises of 22/24, Industrial Avenue, Ilupeju, Lagos as a place for the purpose of lottery. And The using the said premises for obtaining property by false pretence.

The alleged offences according the prosecution are contrary to Sections 8(a), 1(2), of Advance Fee Fraud and other related Offences, and punishable under sections 1(3), and 3 of the same Act.

The offences are also punishable under Sections 34(1)(g). 34(h), 34(4)(f), 34(4)(a), 34(4)(d) and 34(4)(e) of the National Lottery Act, 2005, Laws of the Federation of Nigeria, and punishable under Sections 34(2), of the same Act.

Meanwhile, the matter has been fixed July 6, 2007, for the proper arraignment of all the defendants.

In February 2016, the Nigerian government had also filed criminal charges against Glaxosmithkline Nigeria Plc and Nestle Nigeria Plc and their officials, over alleged fake sales promotions

The 10 count criminal charge number FHC/L/478C/15 was filed before a Federal High Court in Lagos, by the Police Legal Officer from Force Criminal Investigation Department, Force Headquarters, Abuja.

According to the charge, Dayanand Thandalam Siram,Jonathan Murray, Uche Uwechia, Glaxosmithkline Consumer Nigeria and others now at large between October 2014 and October 2015, induced the citizens of Nigeria to buy their products using the gimmickry of “Lucozade And Ribena Big Cash Give Away”.

The accused were also alleged to have established and keep the premises of GSK HOUSE 1,INDUSTRIAL AVENUE,ILUPEJU,LAGOS as a place for the purpose of lottery to be used for the purposes of obtaining by false pretence from the Nigerian populace.

The offence alleged to have been committed by Glaxosmithkline Consumer Nigeria Plc and its officials are contrary to and punishable under section(1)3 of the advance fee fraud and other related offences Act laws of the Federation of Nigeria.

It was also alleged that, Rahul Culaco, Omolara Banjoko,Adebayo Elegbe,Shelewa Ashimi, Friesland Campina Wamco Nigeria Plc. same time and place used the premises of their company for the purpose of obtaining by false pretence from the Nigerian Populace.

The case has been adjourned till next month when all the accused and their company will be arraigned before the court.

In a separate development, Nigeria has filed another ten count criminal charge of sponsoring fake promo against Nestle Nigeria Plc and two of his officials

In the said criminal charge FHC/ L/477C/15,It was alleged that GORD HON,BEEBEE AYEKU,NESTLE NIGERIA PLC between October,2014 and October,215 induced citizens to buy their product in the guise of lottery captioned  “YEAR -END SHOPPERS BAG PROMO. Participants were assured of winning prizes.

An affidavit by a deputy superintendent of Police,Gyu Musa, attached to the police enforcement unit team of the National Lottery Regulatory Commission Abuja, averred that investigation in respect of the case has been concluded and all major documentary exhibits required for the prosecution of the case has been obtained except the arrest of certain persons.Musa said prima facie case of obtaining by false pretences and lottery offences have been established against the accused persons on record.

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