H-Medix has filed a counter-affidavit against Max Health’s committal-to-prison motion over the former’s alleged outlet opening in Life Camp, Abuja.
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This is according to H-Medix’s affidavit filed before the Federal High Court, Abuja, by its lawyer, Fredrick Itua, SAN, seen by Nairametrics.
Nairametrics recalls that the development is an escalation in the multi-million-naira legal battle filed by Max Health against H-Medix, the Federal Competition and Consumer Protection Commission (FCCPC), the PCN, and others over alleged monopoly practices and regulatory approvals in Nigeria’s capital.
What H-Medix is saying
The Finance Manager of H-Medix, John Polycarp Mommi, deposed in the affidavit that there is no subsisting order of the court restraining H-Medix from carrying on its business for which it was registered within Life Camp District or anywhere in Nigeria.
- “The 5th Defendant/Respondent (H-Medix) is not aware of any subsisting order of court restraining it from operating its pharmacy and store outlet within Life Camp District or anywhere in Nigeria,” he added.
Quoting Itua, SAN, he stated that where jurisdiction is challenged, the court is constrained from entertaining any interlocutory (such as the committal motion) or substantive applications until it has decided on the issue of jurisdiction.
The senior lawyer submitted that, assuming without conceding that his client tampered with the subject matter of litigation before the court, all the conditions precedent for committal to prison are lacking in Max Health’s application.
He highlighted that there is no court order ever issued against H-Medix, no mandatory service of such court order, nor Forms 48 and 49 served on the company.
- “The application has no legs or base to stand. The law is trite that you cannot put something on nothing and expect it to stand.
- “We submit that H-Medix cannot be surcharged, indicted, or committed to prison for tampering with the subject matter of this suit, as the strict procedures which must be followed are lacking.”
He accused Max Health of trying to achieve through intimidation what could only be achieved by a lawful court order, adding that the motion is aimed at coercing compliance with reliefs yet to be granted by the court.
He urged the court to hold that Max Health has failed to prove the allegations of contempt and that the procedure adopted is entirely flawed and unknown to law.
He requested the court to confirm that Max Health has not made out a case of contempt against H-Medix and to dismiss the application for lacking merit.
Nairametrics exclusively reports that the pending case has been adjourned for mention.
Backstory
He argued that the outlet is already the subject of litigation and accused the company of acting in defiance of the court.
As a result, Max Health filed a motion on notice seeking an order directing the PCN FCT Chairman and H-Medix to show cause “why they should not be surcharged, indicted, and/or committed to prison for allegedly tampering” with the subject matter of the suit.
The motion specifically targets the alleged approval granted by the PCN and the subsequent opening and operation of the Life Camp outlet during the pendency of the case.
Why this matters
The case raises critical questions around regulatory oversight, competition, and the limits of business expansion in Nigeria’s pharmaceutical sector.
A ruling in favour of Max Health could restrict the ability of large pharmacy chains to roll out multiple outlets within the same territory, while a decision favouring H-Medix may affirm the legality of aggressive expansion where regulatory approvals have been granted.
Beyond the immediate parties, the outcome could shape how regulators like the PCN and FCCPC interpret monopoly, dominance, and fair competition within the healthcare and retail pharmacy space.
What you should know
As previously reported by Nairametrics, Max Health is seeking an injunction restraining the PCN from approving multiple outlets for H-Medix across Abuja, alleging discrimination and monopolistic practices.
- The defendants in the suit include the FCCPC, PCN, Pharm. Salamat Orakwelu, the FCTA, Pharm. Boniface Ikwu, and H-Medix Pharmacy Limited.
- In its statement of claim sighted by Nairametrics, Max Health alleged that more than 11 mega outlets were approved for H-Medix in Abuja despite regulatory directives discouraging monopoly and unfair competition.
- H-Medix, represented by Fredrick Itua, SAN, maintains that it fully complies with regulatory requirements, employs over 100 licensed pharmacists, and undergoes regular PCN inspections and licence renewals.
The FCCPC has stated that it does not stop legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act (FCCPA) 2018.
