Court Restrains NAFDAC, Others From Releasing Banned Chemical

A Federal High Court in Lagos on Monday restrained the National
Agency for Food and Drug Administration and Control and eight
others from deploying for public use a banned chemical, methyl
bromide, imported into the country by Toon Consolidated Company
Limited.

Justice Oluremi Oguntoyinbo gave the order after Olukayode
Enitan (SAN), lawyer to a retired judge of the Osun State High
Court, Justice Olamide Oloyede, and Virtues Unlimited Restorative
Justice Initiative told the court that NAFDAC had released the
alleged dangerous chemical to the importer.

Other defendants affected by the interim order are the Nigeria
Agricultural Quarantine Services, National Environmental Standards
and Regulations Enforcement Agency, Nigeria Customs Service,
Federal Ministry of Health, Ministry of Environment, the Ministry
of Agriculture and the Ministry of Justice.

Justice Oloyede and VURJI are before the court seeking an order
to compel the defendants to investigate, identify and destroy in a
healthy and safe manner any methyl bromide, an odourless,
colourless gas used to control pests in agriculture, which has
serious negative effect on humans and the environment.

They are also urging the court to declare that the alleged
importation of the banned chemical substance into Nigeria by Toon
Consolidated Company Limited pursuant to the license issued by NAQS
without the permit of NAFDAC is unlawful and illegal.

When the case came up for hearing on Monday, Enitan informed the
court that he had filed a motion for interlocutory injunction
seeking to stop the defendants from deploying the chemical for
public use pending the determination of the suit.

However, his motion could not be moved because the defendants’
counsel present in court asked for time to respond to it.

Following the development, Enitan urged Justice Oguntoyinbo to
issue an interim order to preserve the rest of the suit.

The senior lawyer alleged that NAFDAC had already released the
banned methyl bromide to the importer after imposing a fine of
N350,000 on it.

He also alleged that NAFDAC issued a permit to the importer
after it was served with the processes in the case and backdated
it.

Enitan further claimed that the defendants had constructed a
four-foot container to serve as fumigating chamber where the
chemical will be used.

He said that the court need to protect Nigerians from the
harmful effects of the chemical.

However, counsel to NAFDAC, B Simon denied the allegations,
stating that the agency issued the permit before it was served the
processes.

On his part, lawyer to the Quarantine Services, O. A. Omasa,
told the court not to grant the interim order because the country
stands to lose millions of naira.

The lawyer disclosed that the chemical was now in the custody of
the Quarantine Services and it had the capacity and expertise to
manage its use.

In her ruling, Justice Oguntoyinbo granted the order, holding
that all parties in the case must maintain status quo until the
hearing of the motion for interlocutory injunction.

Before adjourning the case to December 2, the judge warned that
all the defendants must obey the order or be cited for
contempt.