Court Orders Abbot Companies To Retract Publication, Pay Cost

A Federal High Court sitting in Lagos on Monday has ordered the retraction of a letter and a publication dated 30th October, 2023 written by Olaniwun Ajayi LP to the members of the public that the ex-parte order obtained by by Acouns Nigeria Limited in SUIT NO. FHC/L/CS/1528/2023 (ACOUNS NIGERIA LIMITED v. NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL & 7 ORS) on 28th August 2023 had expired despite the pendency of their application to set aside the same order.

Justice Kehinde Ogundare made the order during his ruling on the arguments of counsel for the parties which he had on the 25th January 2024 and 31st January 2024, respectively.

Acouns had obtained ex-parte orders from the Federal High Court on 28th August 2023 restraining Abbott companies from using the NAFDAC Registration/licence in respect of Determine HIV ½ Test Kit to import the products into Nigeria pending the hearing of its interlocutory application for injunction on a later date.

On 15th September 2023, Abbott companies’ lawyers, Olaniwun Ajayi LP, filed an application to discharge the ex-parte order. While their application to set aside the order was pending before the court, a lawyer from the Firm of Olaniwun Ajayi made a publication dated 30th October 2023 to members of the public in which they affirmed that the order which they sought to set aside had expired.

Acouns’ Lawyers, Tayo Oyetibo LP, wrote to Olaniwun Ajayi LP drawing their attention to a decision of the Court of Appeal in which it was held that an ex-parte order made pending the hearing of an application on notice would subsist until the application is heard and determined and requested a retraction of the letter which they stated was contemptuous of the court.

However, Abbott companies’ lawyers refused to withdraw the letter.

Acouns’ lawyers then filed an application seeking, among other things, that Abbott companies’ lawyers should be mandated to retract the letter from circulation. On 25th January 2024 and 31st January 2024, the court heard arguments of lead counsel for Acouns Nigeria Limited, Tayo Oyetibo SANa appearing with Adeyinka Adegbite and Henry Ligari, and those of counsel for Abbott companies, Oluseye Opasanya SAN, and adjourned the matter to 26th February 2024 for ruling on the application.

In its ruling, the court agreed with the submissions of Tayo Oyetibo SAN and held that the publication dated 30th October 2023 by the Abbott companies’ lawyers, Olaniwun Ajayi, constituted an affront to the authority of the court because it was made while their application to set aside the ex-parte order was pending.

The court therefore ordered them to publish a retraction letter withdrawing that letter from circulation, including a statement that their affirmation that the ex-parte order had expired was wrongfully made.

The court also ordered that the retraction which should be filed in court and served on Acouns Nigeria Limited within 7 days from the date of the order and ordered that Abbott will not be heard on any application unless and until they have complied with the orders of the court.

The court then awarded the sum of N250,000 against Abbott in favour of Acouns Nigeria Limited and adjourned the matter to 20th May 2024 for hearing of pending applications.