Home JUSTICE & JUDICIARY Relocation to Dangwauro Market: Court Dismisses NAPPMED’s Suit Against PCN, Others

Relocation to Dangwauro Market: Court Dismisses NAPPMED’s Suit Against PCN, Others

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By Our Correspondent

The Federal High Court sitting in Kano on Friday dismissed a suit by the National Association of Patent and Proprietary Medicine Dealers Ltd/Gte (NAPPMED) and two others. (suing for themselves and on behalf of NAPPMED members who are wholesale medicine dealers at Abubakar Rimi Sabon Gari market, Malam Kato Park and Niger Street in Kano State) seeking to stop the Pharmacy Council of Nigeria (PCN) and other 10 Defendants from relocating them to the Approved Coordinated Wholesale Centre (CWC) in Kano Economic City, Dangwauro, along Zaria Road, Kano.

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Justice Watch News previously reported that drug dealers, particularly those located at Sabon Gari Market, Mallam Kato Square, and Niger Street in Kano, approached the Court seeking to halt the Defendant’s actions.

By means of an Originating Summons, the plaintiffs, through their counsel, claimed that the instruction of the Pharmacy Council of Nigeria pursuant to National Drug Distribution Guidelines and Pharmacy Council of Nigeria Act directing their members to relocate to the Coordinated Wholesale Centre (CWC) established by the Kano State Government in Kano Economic City, Dangwauro, along Zaria Road, Kano is ultra vires the 1999 Nigerian Constitution and it’s a discrimination against them and hinges on their right to do business anywhere in Nigeria.

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The Defendants through their counsels Barrister Ibrahim Baba, Victor Alma,  Sufyan Ilyas, and others in reactions,  raised preliminary objections and also responded to the substantive grouse of the Plaintiffs.

The objections were premised on the absence of locus standi of the Plaintiffs, that the suit is an abuse of court process and lack of any reasonable cause of action against the 7th Defendant (Kano Roads and Traffic Agency).

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In his judgment, Justice Simon Amobeda upheld the objections and declined jurisdiction and stated that the arguement of the Defendants’ counsels are right.

Further on that, the judge said, the Plaintiffs lacks the locus standi and since they have earlier instituted similar matter which was dismissed in a judgement of the court, it is an abuse to institute similar action and lastly, there is no reasonable cause of action against the 7th Defendant.

The court went on to decide the substantive action in the spirit of fairness and to give the Court of Appeal the opportunity to analyse the substantive matter if the judgement goes on appeal.

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The judge after considering the affidavit evidence and exhibits of both the Plaintiffs and Defendants dismissed the suit and held that the Plaintiffs failed to proved that the instruction of the PCN made pursuant to an existing law is against the Constitution.

Reacting to the judgement, the 2nd Defendant- Mr Ibrahim Bako (Manager of Brains and Hammers) and 3rd Defendant- (Brains and Hammers Ltd), Counsel who also spoke on behalf of the other Defendants’ counsels expressed his delightness and stated that this judgement has eradication open drug market in Kano State and the patent and medicine drug dealer must relocate with immediate effect from Sabon Gari Market, Malam Kato Square, Niger Street and other places to the Coordinated Wholesale Center (CWC) in the Kano Economic City and this will help sanitize the patent and drug industry and reduce the number of hard drugs and fake drugs in Kano State.

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