INTERNATIONAL TOBACCO COMPANY PLC. V. NAFDAC

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): The suit giving rise to this appeal was on the 6th March 2003 brought in the Federal High Court by the appellant against the respondent by an originating summons seeking the interpretation of and construction to be placed on certain provisions of the National Agency for food and Drug Administration and control Decree Number 15 of 1993, as amended; the Food and Drugs Act Cap 150, Laws of the Federation of Nigeria 1990 as amended, and the Drugs and related products (Registration etc) Decree Number 19 of 1993 also as amended. The appellant also applied for interim and interlocutory orders of injunction restraining the respondent from entering,impounding and detaining the appellant's products or staff pending the determination of the suit. These are all evidenced at pages 1-47 of the record of appeal.

The learned trial court in consequence, refused the appellant's application for interim reliefs. Before the hearing of the motio…