AFTER 10 years of protracted legal tussle, the Court of Appeal sitting in Kaduna has upheld the suit brought before it by the Nigeria Association of General Practice Pharmacist Employers, NAGPPE, against the Pharmacists Council of Nigeria, PCN.

The judgment delivered on Friday, November 29, 2013 at the Kaduna Judicial Division, set aside earlier judgment of a Kaduna High Court in favour of the PCN.

In his judgement, Justice Ita Mbaba said: “I agree that there is merit in this appeal and I allow the appeal. The judgment of the Federal High Court sitting in Kaduna in suit No FHC/KD/CP/8/01 delivered by Justice Liman on the 25th of July, 2003 is set aside.”

In the landmark judgment, Mbaba declared that the new regulations laid down or stipulated by the respondents in their circular  dated November 15, 1995, for  registration or renewal of  registration of pharmaceutical premises, were made without lawful authority and  are irregular, unlawful, null and void.

The appellate court further issued an order of mandamus directing the respondents to register/or renew the registration of the pharmaceutical premises of the NAGPPE members who fulfilled the requirements earlier existing before the new regulations being contested were introduced.

Further, the Court issued an injunction restraining the PCN, their agents, servants, privies from implementing or enforcing the said new regulations in processing registration and/or renewal of registration of the pharmaceutical premises of the applicants.

The regulation that precipitated the legal tussle was issued on the 15th of November 1995 by the Inspectorate Unit of the Ministry of Health, Kaduna State.

On March 23, 2003, the Kaduna State chapter of NAGPPE went to court to contest the new regulations, stipulating new conditions for “Registration of Pharmacists and Pharmaceutical Premises for 1996 and Years Ahead”.

But the Federal High Court sitting in Kaduna in suit No FHC/KD/CP/8/01 delivered by Justice Liman on the 25th of July, 2003 held that the suit was not filed within the limit period, and consequently the trial judge struck out other prayers of the plaintiff.

On September 2, 2003, the national body of NAGPPE led by Chief Gabo Onyejemuo, through their counsel, Chief Akin Olujinmi (SAN), filed an appeal against the judgment of the lower court.