The Federal High Court in Lagos Monday ordered Abbott Companies’ lawyers, Olaniwun Ajayi LP, to publish a retraction letter withdrawing their earlier publication of October 30, 2023, to the public concerning Acouns Nigeria Limited.
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Justice Kehinde Ogundare made the order in a ruling on the arguments of counsel for Acouns Nigeria Limited and Abbott Companies argued on 25th and 31st January 2024.
The letter of October 30 informed the public that the ex-parte orders obtained by Acouns in Suit FHC/L/CS/1528/2023 (Acouns Nigeria Limited v. NAFDAC & 7 ORS) on August 28, 2023, had expired despite the pendency of their application to set aside the same order.
Justice Ogundare also awarded N250,000 against Abbott in favour of Acouns.
Acouns is the plaintiff/applicant in suit FHC/L/CS/ 1528/2023
The 1st to 8th Defendants/Respondents are the NAFDAC, Nigeria Customs Service Board, Abbott Rapid DX International Ltd, Abbott Laboratories Inc, Abbott Rapid Diagnostics (PTY) LTD, Abbott Rapid Diagnostics Jena GMBH, Abbott Diagnostics Medical Co Ltd and Alere Switzerland GMBH.
Acouns had obtained ex-parte orders restraining Abbott Companies from using the NAFDAC Registration/licence for Determine HIV ½ Test Kit to import the products pending the hearing of its interlocutory application for an injunction.
On September 15, 2023, Abbott companies’ lawyers, Olaniwun Ajayi LP, applied to discharge the ex-parte order.
While their application to set aside the order was pending, a lawyer from the law firm 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. The letter was not withdrawn.
Acouns’ lawyers then filed an application seeking, among other things, that Abbott companies’ lawyers should be mandated to retract the letter from circulation.
The court on 25th and 31st January 2024, heard Tayo Oyetibo SAN for Accouns and Oluseye Opasanya SAN for Abbot and adjourned till February 26, 2024 for ruling.
In its ruling, the court agreed with Oyetibo and held that the October 30 publication was an affront to the authority of the court because it was made while their application to set aside the ex-parte order was pending.
It 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 should be filed in court and served on Acouns Nigeria Limited within 7 days from the date of the order.
It further ordered that Abbott would not be heard on any application unless and until it had 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 till May 20, 2024, for hearing of pending applications.
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