NAPPMED wins N75m as Fed. High Court fines PCN for excess charges, breach of rights to fair hearing, cost of prosecution…
The Federal High Court sitting in Akure has awarded the sum of N75,000.000.00 in favour the Nigerian Association of Patent and Proprietary Medicine Dealers (NAPPMED) against Pharmacists Council of Nigeria (PCN).
The Federal High Court Judge, Justice Adefunmilola Demi Ajayi, Judge while delivering judgement in
Suit No: AK/CS/95/2019 consolidated with Suit No: FHC/ABJ/CS/335/2020 on Monday, 28th November, 2022 ruled in favour of the plaintiff – NAPPMED that seizure of goods, sealing off or halting of business(es) of NAPPMED members without fair hearing is illegal and unconstitutional and that PCN should refund all excess charges and fees collected for renewal of licences for 2019 and 2020 across states of the federation excluding Kogi State amounting to the sum of N40million.
PCN is also to pay the sum of N30million and N5million for breach of rights to fair hearing of NAPPMED members and the cost of prosecution respectively.
The judgement also placed an order restraining PCN from imposing fines or impounding goods of NAPPMED members.
The court also agreed with the declaration that only the court of competent jurisdiction has the exclusive power to impose fine on erring members of the plaintiffs in all states of the Federation and not PCN.
The 72 paged judgement also determined the provisions of the constitution of the Federal Republic of Nigeria as supreme and superior to the provisions of the PCN Act and 2003 Guidelines on the issuance of Patent and Proprietary Medicine Vendor’s License among others.
