
In
a bid to redress the injustice alleged to have been meted out to them,
two Directors of a pharmaceutical company, Mr. Samuel Ediu and
Superintendent pharmacist, Alexander Ani Eton and their company,
Edichart Investment Limited, have renewed their legal battle against
Lagos State Taskforce on Counterfeit, Fake, Drugs and Unwholesome
Processed Food in a N157 million suit field before a federal high court
in Lagos, southwest Nigeria.
Others joined as co-defendants in the
legal battle are Pharmacist Council of Nigeria, Pharmacist (Mrs.) G.O.
Balogun, one Pharmacist (Mrs.) Adeoye and the Attorney-General of Lagos
State.
In an amended statement of claim filed before the court by a
Lagos lawyer, Barrister Ethel Onuoha on behalf of the plaintiffs, it
was alleged that from 1992 to 2007 Edichart Investment Limited
registered and was issued its premises licence for each of the years to
sell, dispense, mix and compound drugs within its premises as a
registered pharmaceutical outfit.
However, sometime in 2007, the
Chairman of the Pharmaceutical Society of Nigeria, Anthony Bola Oyewole,
paid an unscheduled visit to the company and demanded to know whether
the company had been licensed by the Pharmaceutical Society of Nigeria,
PSN, for the year 2007 and the plaintiff answered in affirmative.
Thereafter, Bola Oyewole retorted assertively that Edichart Company
licence for the succeeding year 2008 shall not be renewed.
Mr.
Alexander Eton alleged that in 2008 he paid the renewal fees of N25,000
and further paid N20,000 he was ordered to pay for the purpose of
routine inspection of the premises, but after the payment, the
Pharmaceutical Council of Nigeria failed to issue a renewed premises
licence to his company. Instead, a licensing officer demanded that their
shop located at 23, Olorunlogbon Street be partitioned and converted it
to a wholesale premises despite the fact that their shop and premises
had been previously partitioned, even after complying with the order,
the renewal licence was not issued.
Again, in 2009, the plaintiff
paid for renewal fees and yet the renewal licence was not issued, to the
extend of building their permanent site at 54, Olorunlogbon Street,
Anthony village, Lagos with fully knowledge, for relocation, inspection
and approval of their new location by the pharmaceutical council and its
chairman, Pharmacist Familusi Abiodun Olanrewaju.
After the
completion of the new site with permission and supervision of the
Pharmaceutical Council, the inspection team who did not enter into the
company’s new location and did not inspect the facilities later reported
to the Pharmaceutical Inspection Committee that the company’s new site
location was not registrable, and while the renewal fees of the company
were paid for years 2010, 1011 and 2012 respectively, the licence of the
company was not renewed.
However, on 20 May, 2010, Pharmacists,
G.O. Balogun, Mrs. Adeoye, Familusi Abiodun Olanrewaju and Anthony Bola
Oyewole in company with Mr. Luke Adeeko, Samuel Onoja, Pharmacist Afuye,
Anieh Felix, anieh Akwuewe and armed policemen, invaded the Edichart
Pharmacy shop at 54, Olorunlogbon Street, Anthony Village and carted
away ethical drugs in several rice sacks, one multi links land line
telephone, and pharmacist Alexander Ani Eton’s practising license for
2010 and the premises licence for 2007.
The plaintiffs averred
that the defendants, majority of whom are pharmacists, were selective in
the drugs they carted away from the company as they painstakingly
spotted ethical and expensive drugs worth several millions of naira. The
inventory of the drugs carted away was not taken.
Seven days after
the invasion, the plaintiffs were summoned to appear before a panel of
inquiry comprising Mrs. G.O. Balogun, Mrs. Adeoye, Lanre Familusi and
Taiwo Familusi. They were then shown a contravention notice and alleged
to have committed the following offences: selling and displaying for
sale, drugs and medical consumables in a place not duly licensed or
registered, resisting and obstructing taskforce members in the execution
of their duty, carrying out pharmaceutical business outside the direct
personal control and management of the superintendent pharmacist and
training pharmacy students as wholesale premises.
The plaintiffs
duly denied and answered all the allegations against them and thereafter
appealed severally to unseal their company and release their annual
premises renewal licence, but they were ordered to pay N500,000
administrative fine, swear to an affidavit to desist from carrying out
malpractices in their premises, write and sign an undertaking forfeiting
their drugs worth over N30 million carted away by the defendants on the
ground that they have been burnt, to absolve the defendants from any
blame and the shut down of their pharmacy shop within 14 days of the
written undertaking.
The plaintiffs refused to pay the fine,
neither did they sign any undertaking. Instead, the plaintiffs wrote a
petition to the registrar of Pharmaceutical Council of Nigeria and
copied the Lagos State Commissioner for Health, the governor of Lagos
State and Permanent Secretary, Ministry of Health, Lagos State.
After
the attack and sealing off of the plaintiffs’ company on 20 May, 2012,
the defendant proceeded to publish the attack and seal off on 7 June,
2010 in some national daily newspapers.
On 1 June, 2010 the
defendant contended that the licence of the company was not renewed
because the company’s location was close to an existing pharmacy shop,
which is not less than 200 metres from the company’s new location.
The company was unsealed on 5 August, 2010 after the intervention of the Commissioner of Health, Lagos State.
In
view of these scenario, the plaintiffs, while claiming the sum of
N157,650,000 against the defendants as general damages, loss of income
and business for 317 days and value of drugs carted away by the
defendants, are also urging the court to restrain the defendants from
further attacks and carting away of their drugs.
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