COURT THROWS OUT MOTION AGAINST NADFAC
An Owerri High Court has struck out the motion on notice brought by counsel to an Owerri based local pharmaceutical manufacturing outfit, Reagan Remedies (Nig.) Ltd, Joseph Iwuchukwu, against National Agency for Food and Drugs Administration and Control (NAFDAC).
Giving the ruling on the matter yesterday in Owerri, Imo state capital, the judge, Justice Benjamin Njemanze, who is also the Chief judge of the state, said the motion on notice was faulty in the first place because a Federal High Court had delivered judgment on the case.
Angered by the action of the counsel, who he accused of unprofessional conduct, the judge warned lawyers to be mindful of judicial proceedings and not attempt to deceive courts on matters brought by them through frivolous applications. According to him, it was unprofessional for lawyers to request or ask courts to turn down an order on a judgment passed by court of cognate juridistions.
The counsel for Reagan Remedies in the motion on notice had asked the court to grant them a request to have direct dealings with the banks that NAFDAC had account with where he had joined them (the banks) as garnishees to the suit to which they were all represented by their counsels at the hearing.
In his submission, the NAFDAC leading lawyer in the case, Sebastein Hon (SAN), said even though they were not earlier aware of the motion they were prepared to go on to argue it.
According to him, they had filed an appeal on the earlier judgement of the Federal High Court on the matter and were surprised at latest action of the the plaintiff's counsel. He explained that the motion was faulty abinitio and commended the judge for his courage to strike out the application for lacking in merit and abuse of court processes. The otherlawyers, who represented the banks in question adopted the submission of their senior colleague.