The National Agency for Food and Drug Administration (NAFDAC) and the Pharmaceutical Council of Nigeria (PCN) have warned manufacturers, importers, company representatives, and all distributors to immediately cease supplying pharmaceuticals, medical devices, and other regulated medical products to facilities or companies in Niger Street, Sabon Gari market, Kano; or elsewhere outside the coordinated wholesale centre in Dangwauro, Kano State.
This followed last Friday’s judgement of the Federal High Court, Kano, which ordered Kano medicine dealers to vacate Niger Street/Sabon Gari market and relocate to the coordinated wholesale centre at Dangwauro, Kano.
According to the joint statement released NAFDAC and PCN on Sunday, ” this is to ensure good distribution of pharmaceuticals, medical devices, etc., and prevent circulation of substandard and falsified medicines in the market. Any company found doing this risks losing the site license as well as the product license. Retailers, hospitals and others should also take note”.
Last Friday, Justice Simon Amobeda dismissed the suit filed by Nigerian Association of Patent Proprietary Medicine Dealers (NAPPMED) challenging their relocation to coordinated wholesale market at Dangwauro economic city on the outskirts of Kano.
Ruling in the case which has lingered since February last year, Justice Amobeda held that the suit lacked merit and the plaintiffs have no locus standi to challenge the relocation order by PCN, a body empowered to regulate their business.
The court ruled that the suit is an abuse of court process as there has been an earlier case which the court decided on the 30th June 2023 in favour of the defendants.
Justice Amobeda ruled NAPPMED lacks the locus standing to institute the suit as it is not the body that can grant licence to wholesalers of pharmaceutical products. It deals mainly with over the counter sellers, the court ruled.
The court further ruled: “That the allegations of threatened arrest is unsubstantiated and vague.
“On whether the members cannot do business freely, the plaintiff and its members need to obey their parent body as there is no ploy to hamper their rights to trade.
“Whether the constitution is supreme to the PCN Act, the court held that the PCN Act is not in anyway in conflict with the provisions of the constitution. The question needs not arise as there is no provision that goes against the constitution.
“Whether the plaintiff is not entitled to the reliefs sought. The suit lacks merit. The suit was wholly dismissed”.
