The competition and consumer protection tribunal on Monday rejected the terms of settlement proposed by the Nigerian Bottling Company Limited (NBC), known as Coca-Cola Nigeria Limited, and the Federal Competition and Consumer Protection Commission (FCCPC).

The tribunal after turning down the proposed settlement upheld the FCCPC’s imposition of a N190 million fine against NBC for misleading packaging of its Coca-Cola products.

The three-member tribunal, led by the presiding judge, Thomas Okosun, also dismissed NBC’s appeal for the adoption of the settlement as judgement, calling it “an attempt to arrest judgement”.

NBC’s counsel, O. Ogunrinde, however told the tribunal about an agreement the company reached with the FCCPC during the proceedings.

“We are pleased to inform the tribunal that the parties have agreed to terms of settlement, and we urge the court to adopt the settlement as its consent judgment,” Ogunrinde said.

Abimbola Ojenike who represented the FCCPC, however confirmed the existence of the settlement.

Ojenike also said that NBC’s legal team communicated the agreement to him on April 23, 2025 and that Akoji Achimugu, the FCCPC’s legal director, had participated in finalising the terms.

The presiding judge, Okosun, however said that the NBC filed the terms of settlement after the judgment had been reserved and the two parties had submitted their final written arguments.

“The notion of arrest of judgment is unknown to Nigerian law,” the tribunal ruled, with Okosun stating that entering into a settlement after judgment had been reserved was beyond the FCCPC’s statutory authority.

“This undermines the FCCPC’s role as a regulator,” Okosun said, while criticising the FCCPC’s acceptance of a post-judgment settlement, arguing that it conflicted with the commission’s regulatory responsibilities.

“The tribunal cannot indulge in private compromises; we must uphold our constitutional duty to the public,” he said.

In its final judgment, the tribunal upheld the FCCPC’s five-year investigation, findings, and the imposed penalties as consistent with the Nigerian constitution.

It also ruled that the NBC’s conduct was misleading and in violation of Nigerian law.

Referring to the legality of the N190m fine, Okosun stated that the administrative penalty was lawful under the FCCPA and the 1999 constitution (as amended).

Dismissing NBC’s appeal for lack of merit, Okosun ordered the company to remit the N190m fine within 60 days of the judgment.