A Federal High Court in Akure, Ondo State, 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 suit which sought to stop the PCN from regulating activities of NAPPMED members, Justice F.A. Olubanjo dismissed the association’s prayers for lacking merit.
“I find no merit in this amended originating summons and the reliefs sought therein are refused. The amended originating summons filed on 11/03/15 is dismissed,” Olubanjo ruled.
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 guideline, rule or condition on the procedure for obtaining the Patent and Proprietary Medicine Vendors License (PPMVL) as contained in a publication.
The court observed that the Pharmacy Act on which suit no: FHC/L/CS/28/95 was predicated was repealed in 1992 by the Pharmacists Council of Nigeria Act and as such the decision of the Lagos Division of the Federal High Court on it had been overtaken by events.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 held that the PCN Act 1992 empowers the PCN to regulate the affairs and functions of pharmacy and matters related to the pharmacy profession.
The judge observed that the plaintiffs have only succeeded in wasting the time of the court and hoped they will desist from filing multiple actions on the matter.
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