Cross River Court strikes out fundamental rights case against PCN, NSCDC

Thursday, May 21, 2026 - The Federal High Court 1 sitting in Calabar, has dismissed a fundamental rights enforcement suit filed by Ezea Isidora Kamchukwube and her business associates against Pharmacy Council of Nigeria (PCN) and Nigeria Security and Civil Defence Corps (NSCDC).

The claimants, who are alleged as illegal medicine dealers, had instituted suit No: FHC/CA/FHR/39/2025, alleging that officials of the Pharmacy Council of Nigeria and Nigeria Security and Civil Defense Corp NSCDC infringed on their fundamental rights and unlawfully sealed their illegal pharmaceutical premises. They sought damages for the alleged violations.

Delivering judgment, Justice Ijeoma Ojukwu ruled in favour of the defendants dismissing the suit, stressing that the applicants failed to substantiate their claims against the Pharmacy Council of Nigeria and other respondents.

“The applicants have failed to substantiate their claims against the Pharmacy Council of Nigeria and other respondents. Therefore, the case has been dismissed”, she said

Counsel for the defendants and Legal Officer of the Pharmacy Council of Nigeria, Mr. Mfena Gar, on Tuesday in Calabar, explained that the case arose from a related criminal matter in which the applicants accused his client of infringement on their fundamental rights.

“We were sued as the first respondent in the fundamental human rights matter.

“In an enforcement of fundamental human rights matter filed by the applicants, which is a defendant in the criminal matter.  Today we had the judgment delivered in our favour,” she said.

She also noted that the applicants who are not pharmacists were found operating two illegal pharmacies in Calabar stocked with all manner of prescription medicines without being registered and licensed by the PCN.

She added the PCN sealed the pharmacies, made arrest, and commenced prosecuting them, adding that that the applicants did not prove that their rights were breached.

“The court held that they have not been able to prove that their fundamental rights were indeed infringed by the respondents in this matter and accordingly dismissed the matter,” Gar added.

He listed the respondents as the Pharmacy Council of Nigeria, NSCDC Abuja, and the NSCDC Cross River State Command.

In the criminal matter witn suit no FHC/CA/76C/2025 between the Federal Republic of Nigeria and Ezea Isidora Kamchukwube, which preceded the fundamental rights suit, Justice Ojukwu adjourned the criminal matter till June 1, 2026, for judgment on the application of the accused’s lawyer.