A Federal High Court, Lagos yesterday ordered the retraction of a letter and a publication that claimed that the ex-parte order obtained by Acouns Nigeria Limited had expired despite the pendency of the respondents’ application to set aside the same order.
The letter dated October 30, 2023 was written and published by Olaniwun Ajayi LP, claiming that the ex-parte order obtained by the applicant in suit no. FHC/L/CS/1528/2023 on August 28, 2023 had expired.
The matter is between Acouns Nigeria Limited (applicant) v. National Agency for Food and Drug Administration and Control & 7 Ors (respondents).
Justice Kehinde Ogundare made the order of retraction during his ruling on the arguments of counsel for the parties, which took place on January 25, 2024 and January 31, 2024, respectively.
The applicant had obtained ex-parte orders from the Federal High Court on August 28, 2023 restraining Abbott companies from using the NAFDAC Registration/licence in respect of Determine HIV ½ Test Kit to import the products into Nigeria pending the hearing of its interlocutory application for injunction on a later date.
On September 15, 2023, Abbott companies’ lawyers, Olaniwun Ajayi LP, filed an application to discharge the ex-parte order.
While their application to set aside the order was pending before the court, a lawyer from their firm made a publication dated October 30, 2023 to members of the public in which they affirmed that the order which they sought to set aside had expired.
Acouns’ lawyers, Tayo Oyetibo LP, wrote to Olaniwun Ajayi LP drawing their attention to a decision of the Court of Appeal in which it was held that an ex-parte order made pending the hearing of an application on notice would subsist until the application is heard and determined and requested a retraction of the letter, which they stated was contemptuous of the court.
However, they refused to withdraw the letter.
The applicant’s counsel then filed an application seeking, among other things, that Abbott companies’ lawyers should be mandated to retract the letter from circulation.
On January 25, 2024 and January 31, 2024, the court heard arguments of the applicant’s lead counsel, Tayo Oyetibo (SAN) and Oluseye Opasanya (SAN) who represented Abbott companies.
The court subsequently adjourned the matter to February 26, 2024 for ruling on the application.
In its ruling, the court agreed with the submissions of Oyetibo and held that the publication dated October 30, 2023 by the Abbott’s lawyers, constituted an affront to the authority of the court because it was made while their application to set aside the ex-parte order was pending.
The court, therefore, ordered them to publish a retraction withdrawing that letter from circulation, including a statement that their affirmation that the ex-parte order had expired was wrongfully made.
The court also ordered that the retraction should be filed in court and served on Acouns Nigeria Limited within seven days from the date of the order and ordered that Abbott will not be heard on any application unless and until they have complied with the orders of the court.
The court then awarded the sum of N250, 000 against Abbott in favour of Acouns Nigeria Limited and adjourned the matter to May 20, 2024 for hearing of pending applications.
