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Regulatory power: Appeal Court affirms PCN superiority

Court of Appeal sitting in Calabar, has again affirmed the regulatory powers of the Pharmacists Council of Nigeria (PCN) by dismissing an Appeal by the National Association of Pharmaceutical Technologists and Pharmacy Technicians of Nigeria (NAPPTON) and three others seeking to be independent in regulation matters as it relates to its members.

Elijah Mohammed Registrar of the Pharmacists Council of Nigeria (PCN)
Elijah Mohammed Registrar of the Pharmacists Council of Nigeria (PCN)

NAPPTON had, in suit number CA/C/246/2014, approached the Court of Appeal to reverse the 2012 decision of the Federal High Court, Calabar which recognised the Pharmacists Council of Nigeria as the authentic body to register and regulate members of NAPPTON.

Strangely NAPPTON had claimed that the judgment of Justice Ibrahim N. Auta of Federal High Court, Lagos in Suit No. FHC/L/CS/455/06 delivered on the 27th day of April, 2007 was sufficient ground to enable members of the Association establish drug sales outlets without recourse to registration and licensure by the Pharmacists Council of Nigeria.

But Justice Phoebe M. Agua on 27th day of February, 2014 dismissed for lack of merit the argument of NAPPTON, a judgment which the plaintiffs approached the Court of Appeal to set aside. While dismissing the suit in favour of PCN on 22nd day of May, 2017, the Court of Appeal, in an unanimous decision, upheld the contention of the respondents that PCN did not breach the fundamental human right of members of the association when it sealed shops in Calabar operated by members of the association which were not duly registered by the Pharmacists Council of Nigeria.

This decision has finally put to rest the alleged powers employed by members of NAPPTON in claiming to have powers to register and issue licenses to its members to establish drug sales outlets.

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