Traders at Ogbogwu Market, Niger Bridge Head, Onitsha, have turned to the Federal High Court in Awka in a high-stakes legal battle against the National Agency for Food and Drug Administration and Control (NAFDAC), its Director-General, and six other top officials, including the Chief of Army Staff, the Inspector-General of Police, and the Standards Organisation of Nigeria (SON). The action follows the alleged illegal sealing of over 5,000 shops on February 9, 2025, leaving thousands of traders and their families in distress.
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Led by Senior Advocate of Nigeria (SAN) Sir Ejike Ezenwa, the plaintiffs—headed by Comrade Sir Peter Okala JP and three others representing the Unite Nigeria Group (UGN) are seeking perpetual injunctions, damages, and restitution of goods valued at over N1 trillion, accusing the respondents of unlawful interference, extortion, and abuse of regulatory power.
The suit paints a picture of systemic extortion, with NAFDAC allegedly demanding at least N700,000 from each shop owner as a prerequisite for unsealing their premises. According to the affidavit, over 3,000 of the market’s more than 5,000 shop owners many affiliated with UGN have already complied, paying into a designated “Onitsha Project Account.” The plaintiffs also note that the operations have not resulted in a single arrest or prosecution for dealing in counterfeit or adulterated drugs, challenging NAFDAC to produce any charge sheets or court records proving otherwise.
The human toll is stark: the raid has reportedly caused the deaths of at least seven shop owners, including the third applicant, due to the ensuing hardship and distress.
Through an originating summons, the applicants are seeking multiple remedies from the court, including:
- Perpetual Injunction: barring NAFDAC and co-respondents from further sealing or interfering with the market.
- Damages: N100 million in special and general damages for the illegal sealing without due process.
- Restitution: immediate return of all confiscated goods worth over N1 trillion.
In a parallel motion on notice, the plaintiffs have applied to join NAFDAC and the Police Service Commission as necessary parties, emphasizing their roles in the alleged violations. However, no hearing date has been fixed for this motion or related applications, such as an extension of time for NAFDAC to file a counter-affidavit. NAFDAC’s counsel has yet to respond substantively.
Leading the charge is Sir Ejike Ezenwa (SAN), a renowned public interest litigator known for championing causes against regulatory overreach. Flanked by a team of eminent counsels, including Chibuike Nwabueze Esq., Ezenwa has vowed to hold the agencies accountable. “This is not just about shops and goods; it’s about the rule of law and the dignity of ordinary traders who sustain our economy,” a source close to the legal team remarked.
Ogbogwu Market, a bustling hub for pharmaceuticals and consumer goods, remains partially shuttered, with traders decrying the economic ripple effects on families and the local economy. As the case unfolds, it could set a precedent for how regulatory enforcement is conducted in Nigeria’s markets.
The Federal High Court has yet to schedule the substantive hearing, but stakeholders anticipate swift action amid mounting public interest.
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