Court Dismisses Rights Suit Against PCN, NSCDC In Cross River

The Federal High Court 1 sitting in Calabar has dismissed a fundamental rights enforcement suit filed by Ezea Isidora Kamchukwube and her business associates against the Pharmacy Council of Nigeria (PCN) and the Nigeria Security and Civil Defence Corps (NSCDC), ruling that the applicants failed to establish any breach of their rights.

The applicants had instituted suit No. FHC/CA/FHR/39/2025, alleging that officials of the PCN and NSCDC unlawfully invaded and sealed their pharmaceutical premises, claiming violation of their fundamental human rights and seeking damages for the alleged infractions.

Delivering judgment on Thursday, Justice Ijeoma Ojukwu held that the claimants did not provide sufficient evidence to support their allegations against the defendants and consequently dismissed the case in its entirety.

The court found that the applicants failed to prove that their rights were violated in the course of regulatory enforcement actions carried out by the Pharmacy Council of Nigeria and supporting security agencies.

According to the court, the enforcement action stemmed from allegations that the applicants were operating illegal pharmaceutical outlets without proper registration or licensing.

Counsel to the defendants and legal officer of the PCN, Barrister Mfena J. Gar, confirmed the judgment, describing it as a validation of the regulatory agency’s actions.

“We were sued as the first respondent in the fundamental human rights matter. In an enforcement of fundamental human rights matter filed by the applicants, who are defendants in the criminal matter, today we had the judgment delivered and, to the glory of God, it was delivered in our favour,” she said.

Gar explained that the case was connected to an ongoing criminal prosecution involving the applicants, who she said were allegedly operating two unlicensed pharmaceutical premises in Calabar stocked with prescription medicines without approval from the PCN.

She added that the Pharmacy Council had sealed the premises, effected arrests, and initiated prosecution in line with its statutory mandate.

“It needs be pointed out that the applicants who are not pharmacists were found operating two illegal pharmacies in Calabar stocked with all manner of prescription medicines without being registered and licensed by the PCN. The PCN sealed the pharmacies, made arrest, and commenced prosecuting one of them,” she stated.

Gar further noted that the court upheld the position that no infringement of fundamental rights had been established against the respondents, which include the PCN, the NSCDC Abuja, and the NSCDC State Command.

In a related criminal case, suit No. FHC/CA/76C/2025, between the Federal Republic of Nigeria and Ezea Isidora Kamchukwube, which preceded the rights action, Justice Ojukwu adjourned proceedings to June 1, 2026, for judgment on a pending application filed by the defence counsel.