Court Dismisses Suit Against Pharmacy Council, NSCDC Over Sealed Pharmacies

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

The claimants alleged to be illegal patent medicine dealers had instituted suit No: FHC/CA/FHR/39/2025, against PCN and NSCDC alleging that officials of the Pharmacy Council of Nigeria and Nigeria Security and Civil Defense Corp NSCDC infringed on their fundamental rights and unlawfully sealed their illegal pharmaceutical premises. They sought damages for the alleged violations.

Delivering judgment yesterday, at Federal High Court 1,Calabar, Hon. Justice Ijeoma Ojukwu ruled in favour of the defendants dismissing the suit.

The court held that the applicants failed to substantiate their claims against the Pharmacy Council of Nigeria and other respondents.

Counsel to the defendants and legal officer of the Pharmacy Council of Nigeria, Barr. Mfena J. Gar, confirmed the outcome.

Gar explained that the case arose from a related criminal matter in which the applicants are defendants. “We were sued as the first respondent in the fundamental human rights matter,” she stated.

“In an enforcement of fundamental human rights matter filed by the applicants, which is a defendant in the criminal matter. “Today we had the judgment delivered and, to the glory of God, it was delivered in our favour,” she added.

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 and the PCN sealed the pharmacies, made arrest, and commenced prosecution of one of them.

According to the court, the applicants did not prove that their rights were breached.

“The court held that they have not been able to prove that their fundamental rights were indeed infringed by the respondents in this matter and accordingly dismissed the matter,” Gar added.

He listed the respondents as the Pharmacy Council of Nigeria, NSCDC Abuja, and the NSCDC State Command.

In a related criminal matter, suit no FHC/CA/76C/2025 between the Federal Republic of Nigeria and Ezea Isidora Kamchukwube, that preceded the fundamental rights suit, Justice Ojukwu adjourned the criminal matter to June 1, 2026, for judgment on the application of the accused lawyer.