Justice Simon Amobeda of the Federal High Court Kano has 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.
Delivering judgment in the case which has lingered since February last year, Justice Amobeda held that the suit is lacking in merit and the plaintiffs have no locus standi to challenge the relocation order by the Pharmaceutical Council of Nigeria, a body empowered to regulate their business.
Members of the association had approached the court asking it to stop their forceful relocation from their registered business premises at Abubakar Rimi Market in Sabon gari, Malam Kato square and Karami Plaza to the coordinated wholesale market located at Dangwauro against their wish.
They contended that the action of the PCN, in collaboration with Kano State government and other security agencies, amounts to violation of their fundamental rights to freedom of association.
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Justice Amobeda, however held that the association lacked the locus to initiate the action, averring that the claimants have failed to prove allegation of trespass and threats of arrest by Kano State Traffic Regulatory Agency KAROTA with any material particular as required by the Evidence Act.
The judge also held that where there are rules and regulations guiding the conduct of business, citizens are bound to respect the regulations.
He ruled that the Pharmaceutical Council of Nigeria was established by PCN Act and that the plaintiffs cannot hide under the constitutional provisions and refuse to relocate.
Justice Amobeda remarked that the prevalence of drug abuse cases in Kano is a source of concern and the court must rise to the occasion.
The plaintiffs’ counsel Abdulaziz Ahmad said he will study the judgment and advise his clients accordingly.
The defendants’ counsel Ibrahim Baba commended the court for dealing with all the legal issues raised in the case.
Pharmaceutical Council of Nigeria, Police commissioner, DSS, NSCDC, KAROTA and Attorney General of Kano State were joined as parties in the suit.
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