A Lagos State High Court has ordered that
the National Agency for Food and Drug
Administration and Control (NAFDAC) to pay
a fine of 2 million naira for approving Sprite
and Fanta, products of the Nigeria Bottling
Company (NBC).
The court also dismissed NBC’s application
filed before the court seeking a stay of
execution of the judgement where it was
asked to include on its label a warning to
consumers against taking Sprite and Fanta
with Vitamin C.
The trial judge, Justice, Adedayo Oyebanji,
however, ordered conditional stay of
execution of N2million cost awarded against
NAFDAC.
The judge ordered the agency to pay the
money into an interest yielding account in
the name of the Chief Registrar of the court
pending the hearing and the determination
of the appeal filed by NAFDAC.
Justice Oyebanji had observed that contrary
to the argument of NBC that its business
interest would be adversely affected if the
order is not stayed.
“It is imperative to add the resultant effect
of the order sought to be stayed is the
preservation of human life, the business
interest of Nigeria bottling company cannot
in my respected view take precedence over
public health.”
“It is beyond argument that if the
application for stay is granted and human
health is consequently adversely affected, it
is most unlikely that there can indeed be a
return to status quo.”
“The importance of public health is clearly
demonstrated and underscored by the
constitutional provision in section 45
thereof.”
“For the reasons herein adumbrated, it
seems to me it manifests that Nigeria
Bottling Company has failed to disclose any
special circumstances which would warrant
the grant of this application.”
“Accordingly, Nigeria Bottling Company’s
application for stay of execution fails and it
is hereby dismissed,” Justice Oyebanji held.
The ruling was sequel to an application filed
and argued before the court by a Lagos
lawyer T.A. Busari SAN on behalf of NBC,
urging the court to stay the execution of the
judgement of the court.
The lawyer premised it on the ground that,
the order made by the court would
adversely affect the operation of the
company if the execution of same was not
stayed pending the outcome of the appeal
filed by the company.
It would be recalled that in a judgement
delivered by Justice Adedayo Oyebanji on
the 15th February 2017, the court had
ordered NAFDAC to forthwith mandate
Nigeria Bottling Company PLC to include on
all bottles of Fanta and Sprite soft drinks
manufactured by the company a written
warning that the content of the said bottles
of Fanta and Sprite soft drinks cannot be
taken with Vitamin C as same becomes
poisonous if taken with vitamin C.
