Court dismisses NAPPMED’s suit against PCN

The Federal High Court in Akure, Ondo State, has dismissed a suit filed by the Nigeria Association of Patent and Proprietary Medicine Dealers against the Pharmacists Council of Nigeria.

The suit number FHC/AK/CS/01/2004 sought to stop the pharmacists’ council from regulating the activities of patent medicine dealers.

Delivering the judgment, Justice F.A. Olubanjo dismissed the suit for lack of merit.

However, the court observed that the PCN Act had repealed the Pharmacy Act on which the suit number FHC/L/CS/28/95 was predicated since 1992 and, as such, the previous decision of the Lagos Division of the Federal High Court on it had been overtaken by events.

According to Olubanjo, the PCN Act of 1992 empowers the PCN to regulate the affairs and functions of pharmacy and matters related to the profession in the country.

Olubanjo affirmed that by section 36 of the Poisons and Pharmacy Act Cap 535 Laws of the Federation of Nigeria 1990, the Minister of Health had the power to prescribe the PCN as the licensing authority for the issuance of PPMVL.

“Thus the PCN is competent to issue and publish guidelines for obtaining the Patent and Proprietary Medicine Vendors License”, the judge ruled.

PUNCH.