A Federal High Court in Calabar has dismissed a fundamental rights suit filed against the Pharmacy Council of Nigeria (PCN) and the Nigeria Security and Civil Defence Corps (NSCDC), in a case tied to the sealing of two alleged illegal drug stores during a regulatory operation in Cross River State.
The suit, filed by Ezea Asidora and others under FHC/CA/FHR/39/2025, challenged the enforcement action carried out on March 10 and March 18, 2025, arguing that the closure of their shops amounted to a violation of their constitutional rights.
But the court ruled otherwise.
Delivering judgment, Justice Ijeoma Ojukwu held that the applicants failed to provide sufficient evidence to prove that their fundamental rights were breached. The court stated that regulatory agencies acted within their mandate after suspecting that the operators were not properly registered or licensed under the Pharmacy Council of Nigeria Act.
According to the court, the burden of proof rested on the applicants, and on the materials presented, the claims could not stand.
“The applicants have failed to establish the violation of their rights, and the suit is dismissed,” the judge ruled.
The court further emphasized the importance of regulatory enforcement in protecting public health, especially in the pharmaceutical sector where unlicensed operations can pose serious risks.
The matter is however not fully concluded, as the court adjourned a related criminal case, FRN v. Ezea Asidora (FHC/CA/76C/2025), to June 1 and ordered that the defendant be produced for continuation of proceedings.
The ruling highlights Nigeria’s ongoing clampdown on illegal drug distribution and the legal backing now being reinforced around pharmaceutical regulation and enforcement actions.
The suit, filed by Ezea Asidora and others under FHC/CA/FHR/39/2025, challenged the enforcement action carried out on March 10 and March 18, 2025, arguing that the closure of their shops amounted to a violation of their constitutional rights.
But the court ruled otherwise.
Delivering judgment, Justice Ijeoma Ojukwu held that the applicants failed to provide sufficient evidence to prove that their fundamental rights were breached. The court stated that regulatory agencies acted within their mandate after suspecting that the operators were not properly registered or licensed under the Pharmacy Council of Nigeria Act.
According to the court, the burden of proof rested on the applicants, and on the materials presented, the claims could not stand.
“The applicants have failed to establish the violation of their rights, and the suit is dismissed,” the judge ruled.
The court further emphasized the importance of regulatory enforcement in protecting public health, especially in the pharmaceutical sector where unlicensed operations can pose serious risks.
The matter is however not fully concluded, as the court adjourned a related criminal case, FRN v. Ezea Asidora (FHC/CA/76C/2025), to June 1 and ordered that the defendant be produced for continuation of proceedings.
The ruling highlights Nigeria’s ongoing clampdown on illegal drug distribution and the legal backing now being reinforced around pharmaceutical regulation and enforcement actions.
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