By Sola Ogundipe

The Federal High Court has dismissed the suit filed by the Nigeria Association of Patent and Proprietary Medicine Dealers, NAPPMED, against the Pharmacists Council of Nigeria, PCN. Delivering judgment in Akure, Ondo State in suit No: FHC/AK/CS/01/2004 which NAPPMED sought to stop the PCN from regulating activities of its members, Justice F.A. Olubanjo dismissed the suit for lack of merit.

The plaintiffs, NAPPMED and Otunba F.E. Olatunji, had dragged the Minister of Health, Professor Isaac Adewole, the PCN and the Attorney-General of the Federation before the court seeking to stop the publication of  any guideline, rule or condition on the procedure for obtaining the Patent and Proprietary Medicine Vendors License (PPMVL)

Relying on a 1996 ruling by Justice Ibrahim Auta in suit No: FHC/L/CS/28/95, the plaintiffs had sought perpetual injunction restraining the defendants from further issuing or reverting the authority to issue the PPMVL in the absence of an amendment to the enabling laws.

The Court observed that the Pharmacy Act on which latter suit was predicated had been repealed since 1992 by the PCN Act and as such the decision of the Lagos Division of the Federal High Court on it had been overtaken by events. The court further held that the PCN Act of 1992 empowers the 2nd Defendant (PCN) to regulate the affairs and functions of pharmacy  and matters related to the Pharmacists profession.

In his ruling, Justice Olubanjo affirmed that by section 36 of the Poisons and Pharmacy Act Cap 535 Laws of the Federation of Nigeria 1990, the Minister of Health has the power to prescribe the 2nd Defendant (PCN) as the licensing authority for the issuance of PPMVL. “Thus the 2nd Defendant (PCN) is competent to issue and publish guidelines for obtaining the Patent and Proprietary Medicine Vendors License”, the Judge ruled.