Power Tussle: Again, PCN Wins, Remains Regulatory Body over NAPPTON

The Court of Appeal has again affirmed the regulatory powers of the Pharmacists Council of Nigeria (PCN) over National Association of Pharmaceutical Technologists and Pharmacy Technicians of Nigeria (NAPPTON) and three others seeking to be independent in regulation matters as it relates to its members. NAPPTON had, in Suit No. CA/C/246/2014, approached the Court of Appeal to reverse the 2012 decision of the Federal High Court, Calabar, which recognised the PCN as the authentic body to register and regulate members of NAPPTON.

NAPPTON had claimed that the judgment of Justice I. N. Auta of Federal High Court, Lagos in Suit No. FHC/L/ CS/455/06 delivered on the 27th day of April, 2007 was sufficient ground to enable members of the association establish drug sales outlets without recourse to registration and licensure by the PCN.

But Justice Phoebe M. Agua on 27th day of February, 2014 dismissed for lack of merit the argument of NAPPTON, a judgment which the plaintiffs approached the Court of Appeal to set aside. While dismissing the suit in favour of PCN on 22nd day of May, 2017, the Court of Appeal, in a unanimous decision, upheld the contention of the respondents that PCN did not breach the fundamental human right of members of the association when it sealed shops in Calabar operated by members of the association which were not duly registered by PCN.

This decision has finally put to rest the misunderstanding employed by members of NAPPTON in claiming to have powers to register and issue licenses to its members to establish drug sales outlets.