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Contempt: NBC Floors Rite Foods at Lagos Court

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Fearless Vs Predator Rite Foods contempt proceedings

By Adedapo Adesanya

A Federal High Court in Lagos has set aside committal proceedings filed by Rite Foods Limited against the Nigerian Bottling Company (NBC) arising from the trademark infringement tussle between the two parties.

Justice Ambrose Allagoa set aside the suit while delivering a ruling on the various motions filed and argued by the respective parties on Wednesday.

Rite Foods had initiated a contempt proceeding against NBC and its management over issues bordering on alleged infringement on the Lion head trademark of its Fearless energy drink.

The substantive passing-off suit was filed by the plaintiff before Justice Chukwujekwu Aneke sometime in March in suit No: FHC/L/CS/92/2021.

The plaintiff alleged that the defendant had infringed on its trademark with its Predator energy drink by adopting a Lion head similar to the same mark on its Fearless energy drink brand.

The plaintiff claimed that it has been trading with the lion image since 2017 before NBC’s Predator drink came into the market in 2020.

It, therefore, consequently, sought an exparte order before Justice Aneke, restraining the defendants from passing off on its energy drink, in a manner capable of infringing on its brand and the judge consequently dismissed the order.

NBC on its part had filed an appeal, and accordingly, applied for a stay of proceedings before Justice Aneke, in order to await the outcome of the appeal.

Worried by the non-compliance with the interim order of the court, the plaintiff then initiated a contempt suit before Justice Allagoa, seeking committal proceedings against the defendants for alleged disobedience of court orders.

The alleged contemnors on their part also filed motions before Justice Allagoa, seeking an order dismissing the contempt proceedings in its entirety.

They had argued that the committal suit cannot be enforced since the orders of Justice Aneke had already been discharged on September 27.

At the last adjourned date on November 15, the court heard arguments from the respective counsels to the parties, who moved, adopted and argued their motions.

The court consequently reserved the ruling for Wednesday, December 1.

Delivering its ruling the court held: “I have perused the processes filed pursuant to the two applications and argument of counsels, and it is noted that the two motions brought by the first and second contemnors/applicants seek for an order setting aside the committal proceedings in its entirety.

“All parties are in tandem in conceding to the fact that the interim orders of an injunction based on which the plaintiff seeks to commit the defendant for contempt, has been discharged by the court that granted the order.

“That order was discharged by my learned brother, Justice C.J Aneke on the 27th day of Sept. 2021.

“Whereas the plaintiff/respondent argued that this court can punish for contempt for the period of the orders, the defendants/applicants argue otherwise.

“I am in agreement with the principle of law that a committal proceeding by its nature is a legal enforcement mechanism used to mandate the compliance to a validly existing and enforceable order, undertaking or directive of the court.

“The foundation for any committal proceedings is, therefore, a disobedience of a valid, existing, and enforceable order of the court.”

Relying on a judicial authority as held by Justice Tobi JCA, the court said that a committal proceeding must proceed against a valid judgment against the person who is alleged to be in contempt of court.

It held that if there was no such valid judgment, you cannot rely on the court to hold them in contempt.

“The question in the instant case, therefore, is whether the order of my Lord Justice C.J Aneke having been vacated on Sept. 27, is still enforceable to warrant this court to punish the alleged contemnors of the vacated order.

“My answer is that this court cannot; I am in agreement that it is trite law that the discharge or setting aside of an order of court automatically by implication, qualifies such order as a nullity or void ‘ab initio.’

“Without much ado, the motion filed by the alleged contemnors on Oct. 15 and Oct. 18 has merit.

“Consequently, the committal proceedings as initiated by the respondents against the defendant/applicant is hereby set aside in its entirety including the issuance of all court processes and forms used by the plaintiffs in commencing the proceedings.

“This is the ruling of the court,” Allagoa held according to court documents.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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JMG Installs Solar Power Systems at Three NIPCO Fuel Stations

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JMG solar power systems NIPCO

By Aduragbemi Omiyale

Nigeria’s trusted hybrid and integrated electromechanical energy provider, JMG Limited, has completed the installation of solar power systems at three key fuel stations of NIPCO Plc.

The clean energy source was installed at NIPCO’s petrol dispensing outlets in Gwagwalada Abuja, Lekki Lagos, and Mpape Abuja.

This will help the organisation eliminate diesel reliance, and unlock more than N44 million in annual energy cost savings.

The installations feature advanced hybrid systems, combining solar arrays, lithium battery storage, and smart inverters to provide 24/7 energy for fuel pumps, lighting, and office operations. Each site has reported zero use of electricity or generator power since the systems were installed.

The three NIPCO stations now run on an advanced hybrid solar system that combines high‑efficiency PV panels, intelligent lithium‑battery storage and smart inverters.

Since commissioning, the sites have operated with zero grid or generator power, providing silent, clean, uninterrupted electricity for pumps, lighting and administration.

“We are proud to help NIPCO lead the energy transition at the retail level.

“The scalable architecture can be sized to each location and has already delivered significant savings, about 88,535 kWh/year, N44.4 million in annual cost savings and a 43.8‑tonne reduction in CO₂ emissions,” the Head of JMG’s Hybrid Solar Division, Mr Abbass Hussein, stated, adding that, “Collaborating with NIPCO on this initiative demonstrates a practical pathway for other firms to reduce both emissions and energy expenses.”

Also commenting, NIPCO’s Station Manager at Gwagwalada, Mr Idoko Jacob, said, “The stations have not relied on electricity or generator power on bright-weather days since commissioning. The solar systems fully meet our daily energy needs during such periods. On days with poor weather, we supplement the solar system with generator power to ensure uninterrupted operations.”

Business Post gathered that the NIPCO Gwagwalada Station has a solar output of 42,450 kWh/year, annual savings of N15.6 million, and CO₂ reduction of 15,332.76 kg/year, with a system installed consisting of a 20kW Deye LV Hybrid Inverter, 26.8kWp Solar PV, and 51.2kWh Lithium Battery Storage.

The NIPCO Lekki Station has a solar output of 3,635 kWh/year, annual savings of N12 million, and CO₂ reduction of 13,130.1 kg/year, with a system installed consisting of a 25kW Must Hybrid Inverter, 22.95kWp Solar PV, and 76.8kWh Lithium Battery Storage.

As for the NIPCO Mpape Station, it has a solar output of 42,450 kWh/year, annual savings of N16.8 million, and CO₂ reduction of 15,332.76 kg/year, with a system installed consisting of a 20kW Deye LV Hybrid Inverter, 26.8kWp Solar PV, and 61.44kWh Lithium Battery Storage.

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MAGGI Unveils ‘Taste of Christmas’ Campaign

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MAGGI Taste of Christmas

MAGGI, the culinary brand from Nestlé Nigeria, has announced the launch of its festive campaign, Taste of Christmas, designed to celebrate the sights, sounds, and flavours that define the Nigerian Christmas experience.

Central to the campaign is a collaboration with Nigeria’s fast-rising pop star Qing Madi and the renowned Loud Urban Choir, resulting in a new Christmas anthem titled Taste of Christmas.

Now available across all major music streaming platforms, the song blends contemporary sound with cultural warmth, evoking the joy of family, togetherness, and shared meals that characterize the season.

Extending beyond music, the Taste of Christmas campaign will roll out a curated series of festive recipes and culinary inspiration over a 12-day period. The collection features creative twists such as Coco Bongus, alongside beloved Nigerian classics, encouraging families to explore new flavours while enjoying MAGGI’s trusted range of seasonings.

Commenting on the campaign, the Category Manager for Culinary at MAGGI, Ms Funmi Osineye, said, “Christmas is a time when family, culture, and shared experiences come alive. With the Taste of Christmas campaign, we set out to create a platform that resonates strongly with today’s young adults while still celebrating the warmth of home. Partnering with Qing Madi and The Loud Urban Choir allows us to connect music and food in a way that feels authentic, modern, and deeply Nigerian.”

The campaign further reflects MAGGI’s commitment to celebrating home-grown talent, nurturing culinary creativity, and strengthening the role of food as a unifying force in Nigerian homes.

Consumers can access festive recipes, campaign content, and the Taste of Christmas anthem on MAGGI’s digital platforms and social media channels. Conversations around the campaign can be followed using #MAGGIChristmas.

MAGGI is a leading culinary brand from Nestlé Nigeria, committed to inspiring better cooking habits and bringing families together through delicious, nutritious meals.

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FG Suspension of Sachet Alcohol Ban Excites NECA

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sachet alcohol

By Modupe Gbadeyanka

The decision of the federal government to suspend the ban on alcohol produced in sachets has been welcomed by the Nigeria Employers’ Consultative Association (NECA).

The Director-General of the group, Mr Adewale-Smatt Oyerinde, described it as a right step in the right direction because it respects existing National Assembly resolutions and restores regulatory clarity.

Recall that recently, the Office of the Secretary to the Government of the Federation (OSGF) ordered the suspension of the policy due to concerns raised by the House of Representatives Committee on Food and Drugs Administration and Control.

In a statement, the NECA chief said the immediate suspension of all enforcement actions relating to the proposed ban on sachet alcohol and 200ml PET bottle products, pending the conclusion of consultations and the issuance of a final policy directive, was good for the industry and the economy.

According to him, the sachet and PET segment of the alcoholic beverage industry accounts for a significant portion of the estimated N800 billion invested in the sector and supports thousands of direct and indirect jobs in manufacturing, packaging, logistics, wholesale and retail.

He stressed that in an economy already struggling with high unemployment and rising business costs, abrupt policy measures that threaten existing jobs and legitimate investments would be counterproductive.

“We fully acknowledge the need to address public health concerns, especially regarding children and young people, but the solutions must be evidence-based and carefully designed so as not to drive activities into the informal and unregulated economy or encourage illicit products.

“We are looking forward to a deepened consultation to enable the protection of jobs, livelihoods and legitimate investments, etc., while also ensuring that public health objectives are effectively and sustainably achieved,” Mr Oyerinde said.

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