*Reveals Abuja Has Only 1,084 Registered Pharmacies For Millions Of Residents
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The Pharmacy Council of Nigeria has urged the Federal High Court, Abuja, to dismiss a multi-million naira lawsuit filed by Max Health against H-Medix Pharmacy Limited, the Federal Competition and Consumer Protection Commission, and others, in which Max Health alleges that H-Medix’s numerous outlets across the Federal Capital Territory constitute monopolistic practices and unfair competition.
In a joint statement of defence filed before Justice Obiora Egwatu, the PCN argued that there is no legal restriction on the number of pharmacy outlets that an individual pharmacist or corporate entity can establish, that the number of pharmacies in Abuja and across Nigeria remains grossly inadequate, and that the government has deliberately encouraged investment in the pharmaceutical sector to expand access to medicines.
The case, which has been adjourned to April 29, 2026, for further hearing, raises fundamental questions about regulatory oversight, competition law, and the limits of business expansion in Nigeria’s pharmaceutical sector — with a potential ruling that could reshape how large pharmacy chains operate nationwide.
Max Health filed suit against H-Medix, the FCCPC, the PCN, Pharm. Salamat Orakwelu (Chairman of the Pharmaceutical Society of Nigeria, FCT Chapter), the FCTA, and Pharm. Boniface Ikwu (Chairman of the Pharmaceutical Inspectorate Committee and Director of Pharmaceutical Services, FCTA).
In its statement of claim, Max Health alleged that the PCN approved more than 11 mega outlets for H-Medix in Abuja despite what it described as regulatory directives discouraging monopoly and unfair competition. Max Health sought an injunction restraining the PCN from approving multiple outlets for H-Medix across the capital city, alleging discrimination and monopolistic practices.
The PCN, represented by Barristers Tobi Omosa and Odanwu Chizoba of the Legal Unit, Federal Ministry of Health, mounted a comprehensive defence.
The council disclosed that as of December 2024, the total number of registered, licensed, and operating pharmaceutical premises and pharmacists in Abuja stood at 1,084, while licensed Patent and Proprietary Medicine Vendors numbered 1,336.
The PCN argued that these numbers are grossly inadequate for a city of Abuja’s size and population, and that more outlets are still needed to adequately serve the pharmaceutical needs of residents in Life Camp and other parts of the capital.
At the heart of the PCN’s defence is its position that while the pharmaceutical sector is regulated and subject to registration, licensing, and control requirements, there is no legal provision restricting how many outlets a single pharmacist or corporate entity can establish.
“There is no legal restriction on the number of pharmacy outlets that an individual pharmacist or corporate entity can establish,” the PCN stated in its defence.
The council stressed that the government has, as a matter of policy, deliberately encouraged investment in the pharmaceutical sector to expand access by establishing more pharmacy outlets across the country.
To demonstrate that H-Medix is not an isolated case, the PCN provided data on several other mega pharmacy chains operating multiple outlets in Abuja and beyond, all of which received similar regulatory approvals.
The data revealed that Medplus Pharmacy Limited operates 11 outlets in Abuja and 145 in other towns — far exceeding H-Medix’s footprint. Skylark Pharmacy operates 12 outlets in Abuja and 13 elsewhere. Bari Pharmacy Nigeria Limited has 10 in Abuja and 14 in other towns. HealthPlus Pharmacy Limited operates 2 in Abuja and 82 in other towns. Health Hub Pharmacy Limited has 4 in Abuja and 4 elsewhere. Bakan Gizo Pharmacy Limited has 6 in Abuja and 9 in other towns.
H-Medix itself operates 17 outlets in Abuja and 17 in other towns — a significant presence but by no means the largest national chain, given that Medplus has 156 total outlets and HealthPlus has 84.
The PCN argued that these mega outlets were all granted approval under similar circumstances and in line with applicable laws, regulations, and global best practices, noting that operators with sufficient capital to run such facilities are able to provide better pharmaceutical services in the interest of public health.
The PCN specifically addressed Max Health’s claim of being adversely affected by H-Medix’s expansion, arguing that the claimant’s pharmacy is located more than two kilometres from H-Medix outlets, contrary to assertions made in the suit.
The council urged the court to hold that the number of facilities operated by H-Medix is far from having any overwhelming effect on Max Health’s business at that distance.
The PCN clarified the scope of its regulatory mandate, explaining that it is guided by laws, regulations, and rules regarding the inspection, approval, registration, licensing, and control of pharmaceutical premises, as well as routine monitoring and inspection.
These measures, the council stated, are aimed at maintaining the integrity of medicines, ensuring accessibility to end users, promoting ethical best practices, and guaranteeing the competence of personnel involved in pharmaceutical practice.
However, the council pointedly noted that its mandate does not include price regulation and control — drawing a line between its regulatory role and the competition concerns raised by Max Health.
H-Medix, represented by Senior Advocate Fredrick Itua SAN, maintains that it fully complies with all regulatory requirements, employs over 100 licensed pharmacists, and undergoes regular PCN inspections and licence renewals. The company’s position is that its expansion is lawful, properly approved, and in the interest of public health.
The Federal Competition and Consumer Protection Commission has taken the position that it does not restrict legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act 2018. This suggests that the FCCPC does not consider H-Medix’s expansion to constitute a violation of competition law in its current form.
The PCN urged the court to decline jurisdiction on what it described as a “frivolous suit” and to dismiss or strike out the case in the interest of justice.
The outcome of the case could have far-reaching implications for Nigeria’s pharmaceutical retail sector. A ruling in favour of Max Health could restrict the ability of large pharmacy chains to establish multiple outlets within the same territory, potentially limiting the expansion of companies that have invested heavily in scaling pharmaceutical access.
Conversely, a decision favouring H-Medix and the PCN would affirm the legality of multi-outlet expansion where regulatory approvals have been duly obtained, potentially encouraging further investment in large-scale pharmaceutical retail operations.
Beyond the immediate parties, the ruling could shape how regulators such as the PCN and FCCPC interpret monopoly, market dominance, and fair competition within the healthcare and retail pharmacy space — an issue of growing importance as Nigeria’s pharmaceutical sector continues to consolidate.
The matter is adjourned to April 29, 2026, for further hearing before Justice Egwatu.
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