By Ikechukwu Nnochiri
ABUJA —Coca-Cola Nigeria Limited, its Managing Director, Mr Adeola Adetunji, Nigerian Bottling Company and its Managing Director, Mr. Ben Langat, have challenged the mandate given to Chief Bayo Ojo, SAN, to prosecute them for alleged violation of the Consumers Protection Council Act.

They are also challenging the competence of the charge and the jurisdiction of the court to entertain same.

At the resumed sitting on the matter yesterday, Justice Evoh Chukwu queried why the accused persons were not present in court.

Justice Chukwu, who described their absence as a sign of disrespect to the court, insisted that they must be present before he would hear their preliminary objections.,

The judge noted that since his order to serve the charge on the accused persons by pasting the charges in front of their offices has been duly complied with by the Federal Government, “they must appear before me even if they don’t enter the dock.”

Counsel to the accused persons, Mr. Gbolahan Elias, SAN and Oluseye Opasanya, SAN, argued that their clients needed not be in court since they were challenging both the mandate to prosecute the case and the competence of the charge.

On his part, the prosecutor, Chief Ojo, SAN, urged the court to issue a bench warrant against the accused persons to compel their attendance.

After listening to the parties, Justice Chukwu adjourned to December 18 for ruling on whether the fiat given to Ojo to prosecute the case was valid or not.

He also adjourned to tomorrow (Wednesday) to hear Elias’ objections to the jurisdiction of the court to conduct the trial.

The Federal Government had through the office of the Attorney General of the Federation filed the two charges against both companies and their senior officials for allegedly breaching certain provisions of the Consumer Protection Council (CPC) Act.

NBC and its MD were said to have committed an offence by violating the Orders of the Consumer Protection Council by “deliberately failing, refusing and/or neglecting to comply with the Council’s Orders duly made and served on you and thereby committed an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.”

In count one of the charge against Coca-Cola Nigeria Limited and its MD, the government alleged that they committed an offence by refusing to “attend the hearing of the Consumer Protection Council held in Abuja in relation to investigation of violation of product quality standard under the Consumer Protection Council Act after Summons was duly issued and served on you and thereby committed an offence contrary to Section 18 of the Consumer Protection Council Act Cap C. 25 of the Federation of Nigeria, 2004 and punishable under the same section.”

Coca-Cola and its Chief Executive, as in the case of NBC, were also charged for violating the orders of the Council by deliberately refusing to comply with the order duly made and served on them, thereby committing an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.