NAFDAC laments Kano consumer council’s infringements in letter to High Court
The managing director (MD) of Kano State Consumer Protection Council, Gen. Idris Bello Dambazau (retd) is facing a human rights violation suit filed against him and the agency by one Sani Ismail who claims that the MD unlawfully seized his goods, sealed his warehouse and demanded for N5 million bribe.
The applicant had earlier requested and obtained from a Kano State High Court an order directing the National Agency for Foods, Drugs Administration and Control (NAFDAC) to give him reports on his goods.
NigerianSketch has been told that NAFDAC has complied with the court order, in the same manner that MTN telecommunication company complied with the court’s order to furnish the applicant with the call log of his conversation with Dambazau.
Sani Ismail, a palm oil and vegetable oil dealer had approached the court to seek for a declaration the seizure of the Applicant 323 Jerry cans of Palm oil and 13 Drums and 4 Jerry Cans of vegetable oil by the officers of the agency under the instruction and directives of the MD is illegal and unlawful and violates his right guaranteed under section 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He also sought for a declaration of the court that the sealing of his two warehouses situated at Galadima Road, Sabongari Market by the officers of the agency under the directives of its MD from the 23rd of November 2021 to 3rd of December, 2021 without lawful order or justification violates his fundamental right guaranteed under sections 43 and 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He requested for a mandatory order of the court directing the Respondents, their agents, servants, privies and/or assigns whomsoever and howsoever to forthwith release his properties, which included 321 Jerry cans of palm oil, 13 drums vegetable oil, 2 Jerry cans of palm oil and 4 Jerry cans of vegetable oil.
He asked for the sum of N500 million naira as general and exemplary damages against the respondents jointly and severally for the illegal and unlawful seizure and confiscation of his properties and the sealing of his two warehouses.
Apart from the cost of instituting and prosecution the suit, he equally demanded for public apology in two daily national newspapers as well as all the radio stations operating in Kano State.
NAFDAC, in complying the court’s order wrote to clear the applicant and his goods of any wrong.
NAFDAC said in its letter that “…the applicant, Sani Ismail, Managing Director of Yaro Global Integrated Farm … is a law abiding citizen…..”
It went on to say that the applicant had submitted all necessary documents concern his business to NAFDAC which has inspected his premises, took samples of his goods and found them to be satisfactory.
The letter said the applicant had fulfilled all registration requirements and followed due process, adding that he “has not committed any violation that will attract any enforcement action on his facility.”
NAFDAC’s letter also claimed that its Kano office has been receiving complaints from business owners “that deal with NAFDAC-Regulated products of infringement, unlawful seizures and breaking into their facilities by Kano State Consumer Protection Council.”
In a similar vein, MTN has provided the applicant with the call log of the communication between him and the MD, details of which his lawyers said they would use in the course of prosecuting the suit.
Several other business interests in Kano have alleged that the Kano State Consumer Protection Council and its MD have been intimidating them into paying bribes.
Lead counsel to applicant, Usman Umar Fari told the court that they were served with NAFDAC’s letter on Friday. He also told sought leave of the court to serve MTN with another copy of the court’s order, as there was a typographical error in the earlier one regrading one of the phone numbers they inquired about.
The matter has been adjourned to the 22nd of February for hearing to commence.
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