A limited liability company, Plc has filed a suit before a Federal high court in Lagos south west Nigeria,urging the court to compel National Agency For food and Drug Administration and control (NAFDAC) to release forthwith on oath the certificate of report of Laboratory analysis of Aquafina Table water vide the notice of complaint of the applicant.
In an affidavit sworn to by the Managing Director of Dai Brothers investment limited, Ibrahim Yaro and filed before the court by a Lagos lawyer Barrister Jerry Omoregie, the deponent alleged that sometime between November and December 2015, his company purchased Aquafina Table water from Gjonny Enterprises , an accredicted distributor /deport of Aquafina Table water with Seven -Up Bottling company Plc, the producers of Aquafina Table water for supplies to the vessel M.T.MARINA one of its major clients.
However, the company was rudely shocked to be informed by the owners of the Vessel M.T. MARINA that the Aquafina Table water supplied was contaminated and some crew members who are foreign nationals of the M. T.MARINA who consumed the said Aquafina Table water immediately took ill and were evacuated and flown to India for medical treatment.
Mr Yaro alleged further that following a close scrutiny of the Aquafina Table water, it was discovered that the said water contains particles and foreign bodies of black substances.
Thereafter the applicants through its Solicitors, lodged a complaint to the Director of NAFDAC in Apapa.
Following the complaint, the men and officers of NAFDAC investigation and the Enforcedment Directorate, Apapa, Lagos recovered from the Applicants company 22Packs of 150CL of Aquafina Table Water.
Upon the recovery of the 22 packs of the said Aquafina Table water from the store of the company, samples were taken of the said water marked and sealed for laboratory analysis by NAFDAC,in the presence of the company and the representative of Seven -Up Bottling Plc.
Upon taking the Aquafina Table water for Laboratory analysis by NAFDAC and the representative of the manufacturer of the Aquafina water were informed that the/result certificate of the analysis would be ready within one month of the sample taking.
However, notwithstanding the solicitors letter for the release of the result NAFDAC have failed, refused and neglected to release the certificate or report of Laboratory analysis of the Aquafina table water, despite several visit to the NAFDAC office.
Following the defect of the Aquafina Table water and the resultant effect, Dai Brothers Investment limited was alleged to have been immediately blacklisted by the owners of the M. T. MARINA which had over six vessels working in Nigeria,and accused the applicant of negligence /collusion in the entire saga.
Mr Yaro alleged further that following the whole saga it’s good business name, image and reputation that have been built over 8 years were greatly damaged.
The Applicant contended that unless NAFDAC is compelled by an order of the court to discharge its statutory duty, by releasing the result of the analysis, the applicant cannot be redressed.
That in the interest of Justice that the application should be granted.
NAFDAC has not filed any defense to this suit. Meanwhile the presiding judge Hadizat Shagari has adjourned till 12th of April,2017 for hearing.
