A Federal High Court sitting in Awka, Anambra State, summoned the Director General of the National Agency for Food and Drug Administration and Control (NAFDAC), Prof Mojisola Adeyeye, the Chief of Army Staff (COAS), Lieutenant General Olufemi Oluyede, the Inspector General of Police, Dr. Kayode Egbetokun, and others.
The NAFDAC DG and the security Chiefs are to appear before the Court to show cause why an Order should not be against them to return all the drugs carted away at the Ogbo Ogwu Market, Bridge Head Onitsha and other adjourning street markets.
Other defendants in the suit, suit No: FHC/AWK/CS/53/2025, between Sir Peter Okala JP, Alhaji Dr Yunusa Tanko Phd, and Prof Samuel Anidike (for themselves and on behalf of other members of Unite Nigeria Group (UNG), include Dr. Martins Iluyomade, South Eastern Director of NAFDAC; Director General Standard Organization of Nigeria (SON); Commissioner of Police, Anambra State; and the Commander, 302 Artillery Regiment, Onitsha.
READ ALSO: NAFDAC To Re-open Onitsha Market, Seizes 50 Truckloads Of Fake, Substandard Drugs
At the hearing of an Application brought by Counsel to the Applicants, Chibuike Nwabueze Esq, on Friday, 07/03/25, the presiding Judge, Hon Justice E N Anyadike, granted an Order to the Applicants to serve all the Respondents with the originating processes and other documents through substituted means.
The Court also ordered that service on the respondents by substituted means be deemed proper and sufficient.
The Applicants had in an Affidavit setting out the facts upon which their application is made and deposed to by Comrade Sir Peter Okala (JP), stated that since 9/2/25, NAFDAC and other security agents sealed up not only Ogbo Ogwu market, Niger bridge head Onitsha but also adjourning street markets numbering over 10.
“That on 10/2/25 NAFDAC and other security agents raided the popular Ogbo Ogwu market, Niger bridge head Onitsha, Anambra state confiscated large quantities of pharmaceutical products, drugs and other none consumables from the Applicants shops without a valid court order or search warrant.
“That the South East Zonal Director, Dr. Martin Iluyomade, who led other security agents, took both the market leadership & traders by surprise as NAFDAC operatives without a valid court order or search warrant moved from shop to shop breaking into these shops in the absence of their owners, Confiscated and carted away a wide range of drugs & products which NAFDAC quoted at over 1 trillion Naira without a single arrest”, the Affidavit read.
It added that “the drugs carted away by NAFDAC operatives led by the South East Zonal director include Alcoholic and none alcoholic beverages, cosmetics, chemicals, Empty plastics, Bags, and Cans as well as Analgesic tablets, gentymacin and other pharmaceutical products quoted by NAFDAC to value over 1trillion Naira.
“The NAFDAC operatives have their spies in the market, and some of these spies are jealous of their fellow traders who are more successful than them and are therefore in collaboration with NAFDAC operatives out to pull such traders down.
“That it is a known fact that the NAFDAC operatives undertook the raid without a valid court order or search warrant and on a false assumption that members of the Applicants at Ogbo Ogwu market, Niger bridge head Onitsha are involved in repackaging and rebaging some drugs in the market which is not valid.
“The respondents refused to show and/or provide the Applicants members shop at Ogbo Ogwu market, Onitsha, where the alleged counterfeit drugs were being repackaged and rebagged.
“That the NAFDAC operatives raid has crippled over 4,000 businesses belonging to members of the Applicants and rendered the traders whose shops were broken into without a valid court order or search warrant useless for life.
“That the drugs and other materials confiscated and carted away so far by NAFDAC operatives without a valid court order or search warrant and in the absence of shop owners amounts to over 1 trillion naira, according to NAFDAC.
“That this raid on Ogbo Ogwu market, Niger bridge head Onitsha was carried out without notice to either the Bridgehead Onitsha market leadership or the executive of the various lines & Associations and were done in violation of the fundamental rights of members of the Applicants who were absent during the raid.
“That the acts of NAFDAC operatives against members of the Applicants at Ogbo Ogwu market, Onitsha is a denial of their right to personal liberty, right to a fair hearing, right to secure and own movable property anywhere in Nigeria as well as have infracted on the Applicants right to human dignity.
Unless ordered by the Honourable court to return and account for those drugs, unseal both the Ogbo Ogwu market and other adjourning street markets numbering more than ten as well as restrain NAFDAC operatives and others, NAFDAC operatives and other security agents will not desist and/or refrain from their current Acts of breaching the fundamental rights of members of the Applicants as enshrined in the 1999 constitution of Nigeria (as amended).”
The presiding Judge adjourned the suit to 30/03/25 for the continuation of the hearing & report of compliance.
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