Delivering judgment in the suit, Justice Mohammed Shuaibu upheld NAFDAC’s withdrawal of the registration certificate of the product because the company deceitfully packaged it as Jubi Formula.
Shuaibu said the company’s claim that the agency lacked the statutory power to regulate, control and register herbal medicines in the country ran contrary to the provisions of section 5(f) of NAFDAC Act CAP NI Laws of the Federation of Nigeria, 2004, and consequently struck out the matter.
The company had approached the court in 2003 seeking among other prayers an injunction restraining NAFDAC from de-registering Jobelyn Blood Normalizer Immune Boost Energizer and declare any purported action to this effect as unconstitutional and that NAFDAC lacked the statutory power to seal up its premises.
It would be recalled that NAFDAC in 2003 withdrew the registration certificate of Jobelyn following the discovery of unethical practices by the brand owners, Forever Products Limited when it deceitfully packaged it as Jubi Formula as against Jobelyn which it was granted licence to produce.
