NAPPMED’s case against PCN dismissed

The Federal High Court, Akure 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 the suit no: FHC/AK/CS/01/2004 which sought to stop the PCN from regulating activities of members of NAPPMED, Justice F.A. Olubanjo dismissed NAPPMED’s prayers for lacking in merit.

“I find no merit in this amended originating summons and the reliefs sought therein are refused. The amended originating summons filed on March 11, 2015 is dismissed” Justice Olubanjo held.

The plaintiffs, (NAPPMED) and Otunba F.E. Olatunji, had taken the Minister of Health, PCN and the Attorney-General of the Federation to court seeking to stop the PCN from publishing any guide line, rule or condition on the procedure for obtaining the Patent and Proprietary Medicine Vendors License (PPMVL).

Relying on an earlier ruling of 1996 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, an injunction, if not given, the plaintiffs said will adversely affect the rights of the Patent and Proprietary Medicine Vendors as well as their source of livelihood.

The Court observed that the Pharmacy Act on which, suit no: FHC/L/CS/28/95 was predicated had been repealed since 1992 by the Pharmacists Council of Nigeria Act and as such the decision of the Lagos Division of the Federal High Court on it had been overtaken by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 Pharmacists Council of Nigeria Act 1992 empowers the 2nd Defendant (PCN) to regulate the affairs and functions of pharmacy and matters related to the Pharmacists profession.

“The Federal Minister of Health has the power to make regulations under section 53 of the Pharmacy Act, and has appointed the PCN as the Licensing Authority to issue Patent and Proprietary Medicine Vendors License in Nigeria, vide a letter dated April 14, 2003.”

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.

The judge observed that the plaintiffs have only succeeded in wasting the precious time of the Court and hoped they will desist from filing multiple actions on the matter.