The Federal High Court sitting in Calabar has dismissed a fundamental rights enforcement suit filed against the Pharmacy Council of Nigeria and the Nigeria Security and Civil Defence Corps by Ezea Isidora Kamchukwube and her business associates over the sealing of alleged illegal pharmaceutical premises.
The suit, marked FHC/CA/FHR/39/2025, was instituted by the claimants, who were accused of engaging in illegal medicine sales and operating pharmaceutical outlets without proper authorisation. The applicants had approached the court alleging that officials of the Pharmacy Council of Nigeria and operatives of the NSCDC violated their fundamental rights during enforcement operations that led to the closure of their business premises.
They also claimed that the agencies acted unlawfully by sealing the premises and sought damages for the alleged infringement of their constitutional rights. However, delivering judgment in the matter, Justice Ijeoma Ojukwu ruled in favour of the defendants and dismissed the suit in its entirety. The judge held that the applicants failed to provide sufficient evidence to substantiate their allegations against the Pharmacy Council of Nigeria and the other respondents named in the suit.
“The applicants have failed to substantiate their claims against the Pharmacy Council of Nigeria and other respondents. Therefore, the case has been dismissed,” Justice Ojukwu declared during the ruling. The judgment effectively affirmed the actions taken by the regulatory and security agencies in the enforcement exercise carried out against the affected pharmaceutical premises. Legal observers noted that the decision underscores the authority of regulatory agencies to carry out enforcement operations against unregistered or allegedly illegal pharmaceutical businesses, provided such actions are conducted within the limits of the law.
The case had attracted attention within regulatory and healthcare circles because of ongoing nationwide efforts to combat the proliferation of counterfeit drugs, unlicensed medicine vendors and unsafe pharmaceutical practices. The Pharmacy Council of Nigeria, which is responsible for regulating pharmaceutical practice and premises across the country, has in recent years intensified enforcement actions aimed at sanitising the drug distribution system.
The agency has repeatedly warned against the operation of illegal pharmacies and patent medicine outlets, arguing that unregulated drug sales pose serious risks to public health and safety. The NSCDC has also increasingly collaborated with health regulators and other law enforcement bodies in cracking down on illegal pharmaceutical operations, counterfeit medicines and unauthorised drug distribution networks. According to officials familiar with the matter, the premises linked to the claimants were allegedly operating outside approved regulatory standards before enforcement action was taken.
The applicants had argued in court that the sealing of their premises amounted to harassment, intimidation and a violation of their constitutional rights to fair hearing, movement and lawful business operations.
However, the respondents reportedly maintained that the enforcement exercise was carried out in accordance with existing laws governing pharmaceutical practice and public safety. Justice Ojukwu, in her ruling, held that the burden of proof rested on the applicants to establish that their rights were unlawfully violated, adding that the evidence presented before the court was insufficient to sustain the claims.
Legal analysts say the ruling may strengthen the resolve of regulatory authorities to continue enforcement operations against illegal drug dealers and unlicensed pharmaceutical operators across the country.
Public health experts have consistently raised concerns over the dangers associated with unregulated medicine sales, including the circulation of fake drugs, expired medications and improper handling of pharmaceutical products. Stakeholders in the health sector argue that stricter enforcement measures are necessary to protect consumers and maintain standards within the pharmaceutical industry.
The court’s decision is also expected to reinforce collaboration between security agencies and health regulators in tackling illegal medical and pharmaceutical activities nationwide.
Observers believe the judgment sends a strong signal that courts may be reluctant to interfere with lawful regulatory actions where applicants fail to provide convincing evidence of abuse or rights violations.
The Pharmacy Council of Nigeria has repeatedly stressed that enforcement operations are aimed not at victimising business owners but at ensuring compliance with professional standards and safeguarding public health.
The ruling marks another legal victory for regulatory agencies involved in the ongoing campaign against illegal pharmaceutical operations and counterfeit drug distribution in Nigeria.
