Court fines NAFDAC N2m over Fanta, Sprite

A Lagos State High Court has ordered that
the National Agency for Food and Drug
Administration and Control (NAFDAC) to
pay fine of N2 million for approving Sprite
and Fanta, products of the Nigeria Bottling
Company (NBC).
The court also dismissed NBC’s
application seeking a stay of execution of
the judgement where it was asked to
include on its label a warning to
consumers against taking Sprite and Fanta
with Vitamin C.
The trial judge, Justice, Adedayo Oyebanji,
however, ordered conditional stay of
execution of N2m cost awarded against
NAFDAC.
The judge ordered the agency to pay the
money into an interest yielding account in
the name of the Chief Registrar of the court
pending the hearing and the determination
of the appeal filed by NAFDAC.
Justice Oyebanji had observed that
contrary to the argument of NBC that its
business interest would be adversely
affected if the order is not stayed.
“It is imperative to add the resultant effect
of the order sought to be stayed is the
preservation of human life, the business
interest of Nigeria bottling company cannot
in my respected view take precedence over
public health.”
“It is beyond argument that if the
application for stay is granted and human
health is consequently adversely affected,
it is most unlikely that there can indeed be
a return to status quo.”
“The importance of public health is clearly
demonstrated and underscored by the
constitutional provision in section 45
thereof.”
“For the reasons herein adumbrated, it
seems to me it manifests that Nigeria
Bottling Company has failed to disclose
any special circumstances which would
warrant the grant of this application.”
“Accordingly, Nigeria Bottling Company’s
application for stay of execution fails and it
is hereby dismissed,” Justice Oyebanji
held.
The ruling was sequel to an application
filed and argued before the court by a
Lagos lawyer T.A. Busari SAN on behalf of
NBC, urging the court to stay the execution
of the judgement of the court.
The lawyer premised it on the ground that,
the order made by the court would
adversely affect the operation of the
company if the execution of same was not
stayed pending the outcome of the appeal
filed by the company.
It would be recalled that in a judgement
delivered by Justice Adedayo Oyebanji on
the 15th February 2017, the court had
ordered NAFDAC to forthwith mandate
Nigeria Bottling Company PLC to include
on all bottles of Fanta and Sprite soft
drinks manufactured by the company a
written warning that the content of the said
bottles of Fanta and Sprite soft drinks
cannot be taken with Vitamin C as same
becomes poisonous if taken with vitamin
C.