A Federal High Court, in Kano has further directed the National Agency for Food and Drug Administration Agency (NAFDAC) and Pharmaceutical Council of Nigeria (PCN) to comply with the exparte order to maintain the status quo against Kano Patent Medicine Dealers.
Subsequently, the court queried the continued occupation of Sabon Gari and Mallam Kato, both premises of the patent medicine dealers by security operatives.
The drug dealers under the aegis of Nigeria Association of Patent and Proprietary Medicine Dealers (NAPPMED) dragged NAFDAC, PCN, Nigeria Army, Nigeria Police Force and Nigeria Civil Security Defence and Security Corps to court, seeking enforcement of fundamental rights.
At the resumed hearing on the matter yesterday, Counsel to the plaintiff, Barr. Abdulazeez Adam notified the court of the devastating situation of his client as a result of non compliance with the order issued against the respondents.
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Barr. Adam regretted that despite the subsisting injunction directing all parties to maintain the status quo until hearing on the substantive suit, security operatives have continually occupyed the medicine dealers premises in flagrant disobedience to the order of the court.
The counsel to the drug dealers insisted that there was no paragraph or interpretation of any content of the Judgment earlier delivered to Justice Simon Amobeda that ordered NAFDAC or PCN and or, the security operatives to take possession of the Sabon Gari and Mallam Kato premises of the patent medicine operators.
” My Lord, you have granted an order since 19th March, 2024 for parties to maintain the status quo, which by our understanding, the applicant should continue with their businesses pending the determination of the court on the matter.
” But to my surprise, the respondents have acted in flagrant disobedience to the order of the court, the security men including the police and civil defense are still occupying the premises in Sabon Gari, harassing and preventing them from accessing their wares. We urged the court to intervene”. Barr. Adam addressed the court.
In a counter argument, counsel to NAFDAC, Datti Sunono held that continued occupant of security was based on the interpretation of the status quo. Barr. Sunono explained the action of the security was not meant to disobey the instruction of the court.
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Subsequently, counsel to Nigeria Army and Assistant Director, Legal Services, Federal Ministry of Justice, Chizoba Odanwu sought proper interpretation of the order which directed parties to maintain status quo. He also urged for clarification whether or not the order should be applied on action already taken before the exparte granted.
Responding to parties arguments, Justice A. U Liman frowns at the position of counsel to NAFDAC which sought to give contrary interpretation to the meaning of status quo. Justice Liman wondered why the security men will continue hanging around the Sabon Gari premises, leaving their own office empty.
Although, the Judge was explicit on the interpretation of the status quo such that action already taken before the order was issued may not necessarily take cause on the order.
The Judge however made it clear that argument on whether or not action already exsisted was not tabled before the court. The court however averted to continue with hearing on the matter until parties obey the motion on exparte as granted. The case was adjourned till 30th April for hearing on the matter.
Recall that NAFDAC and PCN in February 2024 secured court Judgment that ordered the Patent medicine dealers to relocate from the Sabon Gari market to the ultra model Coordinated Wholesale Centre (CWC) approved by Federal Government at Dangwaro village, along Zaria road.
Subsequently, NAFDAC have deployed security apparatus to seal up the old Sabon Gari premises, an action the patent medicine dealers are challenging at the court.
