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Wednesday, March 12, 2025

Court summons NAFDAC DG, COAS, IGP, others over closure of Onitsha drug market

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By Chuks Eke

The Federal High Court sitting at Awka, Anambra State, presided over by Justice E. N. Anyadike has ordered the Director-General of National Agency for Drugs and Food Administration and Control, NAFDAC, Prof. Mojisola Adeyeye to appear before him on March 30, this year to show cause why the court should not order for the reopening of the drug market located at the Niger Bridgehead, Onitsha and other adjoining street markets.

The court also ordered the Chief of Army Stuff, COAS, the Inspector General of police , IGP, Dr. Kayode Egbetokun, Anambra state Commissioner of Police, the Commander of 302 Regiment, Onitsha, Zonal Director of NAFDAC incharge of Southeast Zone, Dr. Martins Iluyomade and the Direction-General of Standard Organization of Nigeria,, SON to appear before him and show cause why they should iaid NAFDAC in the continued closure of the market.

In his ruling following an application for an order of mandamus filed by some aggrieved members of the market, including Sir Peter Okala, Alhaji Yunusa Tanko and Prof. Samuel Anidike for themselves and on behalf of other members of Unite Nigeria Group, UNG, Justice Anyadike ordered that all the defendants be served by substituted means.

He therefore adjourned the matter to March 30, this year for report of compliance and continuation of heatring.

In the Suit No. FHC/AWK/CS/53/2025, the applicants had dragged the respondents to to the court asking it o mandate them to show cause why the court should not Order them to return all the drugs carted away from many shops in the market in the absence of the shop owners and/or reopen the Ogbo ogwu market and other adjoining street markets.

In an application for an order of mandamus brought by Counsel to the Applicants, Chibuike Nwabueze Esq, the presiding judge, Justice Anyadike granted an Order to the Applicants to serve all the Respondents on the suit with both the originating processes and other documents through substituted means.

Also the court ordered that service on the respondents by substituted means shall be deemed as proper and sufficient service.

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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 adjoining street markets numbering more than ten.

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 with out a valid court order or search warrant in their absence.

That the South East Zonal Director, Dr. Martin Iluyomade who led other security agents took both the market leadership and the entire traders by surprise as NAFDAC operatives with out 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 wide range of drugs and products which NAFDAC itself estimated at over N1 trillion without a single arrest.

That the drugs carted away by NAFDAC operatives led by the South East Zonal director included Alcoholic and none alcoholic bevarages, 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.

That 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 under took the raid with out 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 true.

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.

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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 with out 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 amounted to over N1 trillion according to NAFDAC.

That this raid on Ogbo Ogwu market, Niger bridge head Onitsha was carried out with out notice to either the Bridge head Onitsha market leadership, or the executive of the various lines and 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 fair hearing, right to secure and own movable property any where in Nigeria as well as have infracted on the Applicants right to human dignity.

That unless ordered by the Honourable court to return and account for those drugs, unseal both the Ogbo Ogwu market and other adjoining street markets numbering more than ten as well as restrain 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)

Speaking to newsmen shortly after the court session, the national convener of Unite Nigeria Group, UNG and the fist Applicant on record, Comrade Sir Peter Okala commended the presiding judge for being courageous to summon NAFDAC operatives and other security agents involved in the continued sealing of Ogbo Ogwu market, Niger bridge head Onitsha and expressed the hope that those summoned would obey the court order.

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