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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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NAFDAC Declares Bon Bread Safe for Consumption

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Price of Bread

By Modupe Gbadeyanka

The National Agency for Food and Drug Administration and Control (NAFDAC) has declared that Bon Bread, which had created a controversy after a review by a consumer over a month ago, is safe to consume.

In a statement signed on Sunday by the Director General of NAFDAC, Mrs Mojisola Adeyeye, it was stated that investigations conducted on the safety of the product confirmed that it was not harmful.

A woman named Ms Love Dooshima had posted a video on social media last month claiming that one of the breads in her possession remained free from mould for some weeks, questioning this abnormally.

In her video, she did not mention the name of the bread, but Bon Bread claimed she liked comments mentioning its name in the post, triggering a lawsuit.

In the statement on Sunday night, NAFDAC said it conducted an inspection of the company’s bakery facility in Abuja and collected bread samples from both the production site and the open market for laboratory analysis.

It was revealed that the bread contained calcium propionate, an approved preservative commonly used in bread production, within the permissible limits specified by the Codex Alimentarius, the internationally recognised food standards framework.

According to the agency, the manufacturer of Bon Bread, Food & Food Integrated Company Limited, is in compliance with regulatory standards.

It was stated that although the complainant did not identify the brand, the manufacturer of Bon Bread responded publicly, stating that the product in question was theirs and that the allegation was misleading.

“Laboratory analysis further confirmed that the bread samples did not contain objectionable substances, including bromate or non-nutritive sweeteners.

“NAFDAC also confirmed that the company has maintained regulatory compliance since commencing operations in 2006 and has successfully undergone several licence renewals without penalties or product recalls,” parts of the statement read.

NAFDAC assured “the public that Food & Food Integrated Company Limited is not in violation of any NAFDAC regulation,” encouraging consumers “to report concerns relating to regulated products through any NAFDAC office nationwide or call the agency’s call centre to enable prompt and evidence-based investigation of complaints.”

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Tony Elumelu-Backed Redtech Ranks 32nd in FT Africa Fastest Growing Companies List

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Redtech

By Adedapo Adesanya

Redtech, a technology company backed by Heirs Holdings, has been named in the Financial Times (FT) Africa’s Fastest Growing Companies 2026 list.

The Tony Elumelu-backed startup ranked 32nd out of 130 high-growth companies and also secured a position among Africa’s top 15 fastest-growing fintech companies in its debut appearance on the annual FT/Statista ranking.

Produced by the FT in research partnership with Statista, the ranking identifies Africa’s fastest-growing companies based on compound annual growth rate (CAGR) in revenue between 2021 and 2024. Companies also had to meet additional criteria, including minimum revenue thresholds, independence and primarily organic growth. Redtech’s inclusion provides independent validation of its growth as an African payment infrastructure company.

The recognition comes as Redtech’s flagship platform, RedPay, continues to scale across physical and digital payment channels. Through RedPay, the company enables businesses to collect, process, confirm, reconcile, disburse, and manage funds through secure, scalable technology built for African commerce.

Last week, the company announced a rare fintech-bank-telco alliance with MTN’s mobile fintech unit and UBA, to expand cardless payment access for consumers and merchants across Nigeria.

Speaking on the development, Mr Elumelu, the Group Chairman of Heirs Holdings, said, “Africa’s next growth era will be powered by entrepreneurs, enterprises, and the infrastructure that enables them to succeed. Redtech’s recognition among Africa’s fastest-growing companies demonstrates what is possible when we invest in solutions built for Africa’s realities. Through RedPay, Redtech is helping merchants, fintechs, and financial institutions transact with greater speed, security, intelligence, and control. This is Africapitalism in action: building profitable, sustainable businesses that create prosperity across Africa.”

The numbers have also backed up Redtech’s growth. This is visible across four strategic areas, including a boost in transaction as the company processed $27 billion (N37.2 trillion) to date, more than three times the over $8.9 billion (N12 trillion) processed by the end of 2024; it has deployed 55,000 RedPay POS terminals within 16 months across merchant locations in Nigeria, supporting payment acceptance across sectors including hospitality, energy, banking, fintech, retail, utilities, and enterprise services; while its infrastructure supports payments in five UEMOA countries – Benin, Burkina Faso, Côte d’Ivoire, Mali, and Senegal.

Redtech operates with key regulatory approvals, including licences from the Central Bank of Nigeria as a Payment Terminal Service Provider (PTSP), Payment Solution Service Provider (PSSP), and Super Agent, enabling the company to provide POS, payment gateway, and agency banking services. The company also holds relevant Nigerian Communications Commission (NCC) authorisation for communications-enabled value-added services.

As part of its growth roadmap, Redtech is working to expand its payment infrastructure capabilities across African markets, with a long-term ambition to support merchant collections and financial technology services in 29 African countries within the next year.

Adding his input, Mr Emmanuel Ojo, CEO of Redtech, said: “Redtech’s inclusion in the Financial Times Africa’s Fastest-Growing Companies ranking recognises the infrastructure we are building and the African businesses that rely on it every day. At Redtech, growth is not only about transaction value or market reach; it is tied to a belief that when African businesses have payment systems they can trust, they are better placed to trade, serve customers and expand with confidence.

“That is the Heirs Holdings Africapitalism philosophy in practice – private-sector execution building the rails for African prosperity. Our focus is on strengthening the infrastructure that allows businesses across the continent to collect, pay, and grow.”

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FCCPC, NAFDAC to Tackle Unsafe Products, Unfair Market Practices

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nafdac FCCPC

By Adedapo Adesanya

The Federal Competition and Consumer Protection Commission (FCCPC) and the National Agency for Food and Drug Administration and Control (NAFDAC) have signed a Memorandum of Understanding (MoU) aimed at closing regulatory gaps and strengthening enforcement against unsafe products and unfair market practices.

The agreement, signed in Abuja on Wednesday, is expected to deepen collaboration between both agencies in areas such as product safety, consumer protection, and enforcement of standards.

The deal also introduced a structured system for information exchange between both regulators, aimed at eliminating delays that often hinder investigations and enforcement.

Speaking at the event held at the commission’s corporate headquarters, the Executive Vice Chairman of FCCPC, Mr Tunji Bello, said the pact marks a deliberate step towards coordinated regulation in Nigeria’s consumer market.

He said, “This event marks a deliberate step towards strengthening collaboration in the service of Nigerian consumers, particularly in areas where product safety and consumer protection overlap and require coordinated action.

“The mandates of the FCCPC and the National Agency for Food and Drug Administration and Control NAFDAC, are clearly set out in law, although their functions increasingly overlap in practice.”

Mr Bello explained that while both agencies have distinct legal mandates, their responsibilities increasingly intersect in practice, especially in dealing with substandard goods, unsafe pharmaceuticals, and misleading product claims.

According to him, “FCCPC focuses on protecting consumers from unfair, deceptive, or exploitative market behaviour. It also promotes competition, investigates complaints, and enforces remedies where consumer welfare has been undermined. NAFDAC’s responsibilities are more product-specific.

“It regulates the manufacture, importation, distribution, advertisement, and use of food, drugs, cosmetics, medical devices, chemicals, and packaged water. Its central concern is safety and quality, ensuring that regulated products meet required standards both before and after they enter the market.”

Mr Bello acknowledged that their regulatory functions increasingly overlap in practice, particularly in areas affecting both product safety and consumer rights.

He noted that issues such as misleading product claims, substandard goods, unsafe pharmaceuticals, and deceptive advertising often cut across the mandates of both agencies, requiring coordinated intervention.

He further explained that a harmful product in the market is not only a public health concern under NAFDAC’s jurisdiction, but also a consumer protection issue that falls within the enforcement scope of the FCCPC.

Similarly, cases involving false or misleading advertising of regulated products typically demand joint action from both institutions.

Against this backdrop, the agencies said the newly signed MoU provides a structured framework to address these overlaps, enabling more effective collaboration, clearer responsibilities, and improved regulatory outcomes.

The FCCPC boss stated, “In reality, the work of both agencies often converges. Issues such as misleading product claims, substandard goods, unsafe pharmaceuticals, and deceptive advertising raise questions that fall within both product safety and consumer protection. For instance, a harmful product that reaches the market is not only a public health concern under NAFDAC’s remit, but also a consumer protection issue for FCCPC.

“The same applies to false advertising of regulated products, which typically requires input from both bodies. Given this overlap, a formal Memorandum of Understanding provides a practical basis for cooperation. The MoU being executed today, therefore, establishes a clearer and more workable framework for collaboration between the two institutions.”

He added that the new framework would eliminate confusion for consumers and improve response time to complaints.

“Rather than leaving consumers to decide which agency to approach, complaints can now be received and reviewed in one place, and then directed through clearly defined channels. This will make the system more efficient and more responsive,” Mr Bello said.

The FCCPC boss also disclosed that the agreement provides for data sharing, joint investigations, and coordinated enforcement actions, as well as capacity building through training and technical collaboration.

He stressed that the ultimate goal is to build trust in the market.

“Effective regulation is not just about enforcement. It builds confidence. When consumers trust that products are safe and their rights are protected, markets function more efficiently,” he added.

In a stern warning to violators, Mr Bello said the collaboration would strengthen oversight and deter non-compliance.

“This will send shivers down the spine of those who are mischievous in our society, those who try to circumvent the rules. The message is clear: enforcement will be stronger and more coordinated,” he said.

On her part, the Director-General of NAFDAC, Mrs Mojisola Adeyeye, described the agreement as critical to protecting Nigerians from harmful products and ensuring that consumer rights are upheld.

She said the partnership goes beyond documentation and must translate into action.

“This MoU is extremely important for the nation. But beyond the document, what matters is action. We do not need theory when it comes to consumer protection; we need results,” she said.

Mrs Adeyeye recounted instances where FCCPC responded swiftly to complaints she personally raised as a consumer, leading to immediate corrective actions by erring businesses.

“The two times that I complained, he responded almost immediately, and the enterprise made amends. That is the way it is supposed to be. That is the kind of leadership we need,” she said.

She emphasised that while NAFDAC ensures product safety and quality, FCCPC plays a critical role in protecting the rights of consumers who use those products.

“NAFDAC is about the safety and efficacy of products, but it is people who use those products. That is where FCCPC comes in. Consumers have the right to complain, and we must ensure those complaints lead to action,” she added.

The NAFDAC boss further noted that the collaboration would strengthen enforcement tools, including sanctions against violators, while enhancing public awareness through coordinated communication.

She said, “NAFDAC has the mandate to act against violators, FCCPC will fight for the consumer, and together we will ensure that Nigerians are protected. For the people who are watching us. Because this will be televised, just know that you are on our minds.

“In terms of product quality, safety and efficacy. In terms of your rights as a consumer to complain. We are watching your back.”

The MoU is expected to streamline complaint handling, improve regulatory coordination, and ensure faster resolution of consumer issues, while also creating a more predictable compliance environment for businesses.

The move comes at a time when Nigeria is battling the proliferation of substandard products, fake drugs, and deceptive advertising, all of which have continued to undermine consumer confidence and public health.

With both agencies now working under a unified framework, stakeholders say the success of the agreement will depend on sustained implementation and consistent enforcement.

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