Guinness Sues NAFDAC Over Controversial N 1 bn Fine

Guinness Nigeria Plc has dragged the National Agency
for Food and Drug Administration and Control, NAFDAC,
before a Lagos High Court in Igbosere over the N1b fine
imposed on it by the agency.
The company prayed the court to henceforth stop
NAFDAC from publicly discussing, analysing or
providing any information to the media, whether print,
electronic or in any other manner,” to suggest that the
decision to sanction it was lawful.
Guinness, through its lawyer, Mr. Olasupo Shasore
(SAN), claimed that NAFDAC did not afford it the
opportunity of fair hearing as to the allegations that
prompted the controversial fine.
NAFDAC had issued a letter dated November 9, 2015 on
Guinness directing the company to pay N1bn “as
administrative charges for various clandestine
violations of NAFDAC rules, regulations and enactments
over a long period of time.”
The agency claimed that Guinness had been revalidating
its expired products without the authorisation and
supervision of NAFDAC.
Among other things, NAFDAC also accused Guinness of
failing to secure the gate of its warehouse and claimed
that “the raw materials used in the production of beer
and non-alcoholic beverages by the brewer were
permanently opened to intrusion and exposure to the
elements and rodents, which “invariably affect the
integrity of the raw materials.”
However, Guiness had filed a fundamental right
enforcement action, urging Justice W. Animahun to
declare that its right to fair hearing under Section 36 (1)
of the constitution was being violated by NAFDAC.
Sued alongside NAFDAC is the Attorney General of the
Federation, Abubakar Malami (SAN).
The plaintiff urged the court to restrain the respondents,
“whether by their agents, servants, officers and privies
however from imposing any sanction on the applicant in
any manner other than recognised by law and the
constitution of the Federal Republic of Nigeria, 1999.”