An FCT High Court has restrained the Abuja Municipal Area Council from regulating food businesses in Abuja through the issuance of demand notices, medical certificates of fitness, or the training and screening of food handlers.
Justice Samira Bature delivered the ruling while determining a suit involving Dunes Investment and Global Services Ltd, the Abuja Municipal Area Council, and the Federal Capital Territory Administration.
In her judgment, the court granted a perpetual injunction preventing AMAC from issuing demand or abatement notices to the applicant or any other individual in relation to medical fitness certification, training, or screening of food handlers within the Federal Capital Territory.
The legal dispute arose after Dunes Investment and Global Services Ltd filed a preliminary objection challenging an interpleader summons introduced during the proceedings. The company argued that the issues raised had already been settled in an earlier judgment delivered by Justice Yusuf Halilu in a separate case involving Devyani International Nigeria Ltd and AMAC.
According to the applicant, the earlier ruling clearly determined the authority legally empowered to assess payments and issue medical fitness certificates for food handlers operating in the Federal Capital Territory.
Justice Bature held that the earlier judgment had already clarified the roles of AMAC and the Federal Capital Territory Administration concerning the regulation of food handlers, making the fresh legal action unnecessary.
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The court also cited provisions of the National Policy on Food Safety Implementation (2014), which assigns state ministries of health the responsibility of supervising and coordinating food hygiene and safety activities across local government areas.
Justice Bature ruled that AMAC’s issuance of demand notices and directives related to medical fitness certification and training of food handlers was inconsistent with the applicable legal framework.
She further stated that the council’s actions amounted to disobedience of an earlier judgment delivered on July 12, 2023, in a related case.
In addition to the restraining order, the court directed the Abuja Municipal Area Council to refund ₦1.222 million to Dunes Investment and Global Services Ltd. The sum represents payments made between January 20 and June 13, 2023, following demand notices issued by the council for medical tests and certification of food handlers.
The ruling effectively removes AMAC’s authority to regulate or impose fees connected to food handler certification within the Federal Capital Territory.
