By Innocent Anaba

A Federal High Court, Ikeja, Lagos, has dismissed the preliminary objection by GlaxoSmith-Kline Pharmaceutical Nigeria Limited in a N404 million suit by Mr. Charles Oben, a Burkina-Faso-based staff of United Bank for Africa, UBA, Plc, who allegedly suffered health complications after taking ‘ZYLORIC’ drug, a product of the pharmaceutical company.

Trial judge, Justice Stephen Adah, held that the court has jurisdiction to hear and determine the suit and consequently dismi-ssed the preliminary objec-tion challenging the jurisdiction of the court to hear same.

The judge cited section 251(1) (m) of the 1999 Constitution as amended, which confers exclusive jurisdiction for drugs and poisons matters on the court, adding that what determines jurisdiction is the claim of the plaintiff and that the focal claim of the plaintiff deals with manufacturing and distribution of the drug called ‘ZYLORIC’ produ-ced by the defendants.

He said: “The plaintiff is seeking the intervention of the court to stop the defendants from producing this drug. There is no other court allowed to do this other than this court. So it is obvious that this court is seized of the jurisdiction for this case.”

GlaxoSmithKline Pharmaceutical Nigeria and its UK parent company have appealed the ruling before the Court of Appeal, Lagos.

Oben had dragged GlaxoSmithKline Pharmaceutical Nigeria Limited and GlaxoSmithKline Plc, UK, to court, consequent upon the health complications he allegedly suffered after taking Zyloric, a drug manufactured by the defendants, which was prescribed for him by Professor Nebie, his physician in Burkina-Faso.

He is also praying the court to direct the defendants to stop the manufacturing and distribution of its Zyloric drug till it satisfactorily establishes that the drug can no longer result in adverse reactions with the propensity to cause death or permanent disability.

He also is claiming special damages in the sum of £15,500 (N3.9 million) and N400 million as damages for permanent loss of good health and dependence on drugs.