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Rite Foods Files Suit to Imprison NBC MD

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Nigerian Bottling Company NBC

By Aduragbemi Omiyale

The disagreement between Rite Foods Limited and the Nigerian Bottling Company (NBC) is getting messier as the former has filed a suit seeking to put the Managing Director of the latter in prison.

In an application filed before a federal high court sitting in Lagos, Rite Foods said the MD of the NBC, Mr Mathieu Seguin, should be imprisoned for contempt of court.

It was claimed that Mr Seguin disobeyed interim injunctions granted by Justice Aneke of the Federal High Court on February 9, 2021.

This is in accordance with the case of trademark infringement and passing-off of its Predator energy drink on the mark of Rite Foods’ Fearless Energy drinks, with the likely intent of confusing consumers to make the wrong choice.

In the application for committal, which was published in the ThisDay and Guardian Newspapers of April 6, 2021, the plaintiff, Rite Foods is seeking an order committing the contemnors to purge themselves of the contempt of court.

The court papers filed by Rite Foods through its lawyer, Muyiwa Ogungbenro of Olajide Oyewole LLP, shows that the court would be moved at the instance of Rite Foods for an order committing the contemnors to prison for disobeying a court order.

According to the application of committal in both national newspapers, NBC and its MD are restrained from promoting or using any material for its Predator energy drink in a manner that infringes or passes off Rite Foods’ Fearless energy drinks.

The documents also stated that NBC and its MD are in breach of the court order for failing to remove from the public domain, promotion materials already released including those released through Taaooma.

It further mentioned that NBC’s boss is responsible for the company’s breach of the court orders, as Rite Foods alleges that Seguin has the power to command its obedience.

On Form 48 of the Federal High Court, as published on Friday, March 19, 2021, in ThisDay and Guardian Newspapers, there was a notice of consequences of disobedience of an order of the court issued to the NBC’s MD and ex parte order restraining the company from promoting or using any sales promotion material for its Predator energy drink in a manner that infringes or passes off or that is capable of infringing or passing off the plaintiff’s Fearless energy drink, until the interlocutory application for an injunction is determined.

In suit No: PHC/L/CS/92/2021, the plaintiff, Rite Foods Limited, alleged that NBC has infringed on its trademark over its Predator energy drink, with a lion insignia in resemblance of the mark on its Fearless energy drinks.

The alleged trademark infringement, according to Rite Foods, has damaged its goodwill and it is seeking reliefs which include injunctions and damages for its loss.

And according to the provision of the Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004 and the Trademark Regulations 1990, the alleged infringement is against the holder’s right of Rite Foods Limited, as the exclusive owner of the mark for identification of its products within the country.

However, investigation reveals that the Plaintiff, Rite Foods’ Fearless energy drinks, which consist of the Red Berry and Classic brands, were launched into the Nigerian market in June  2017,  and has gained a wider market share before the NBC’s Predator brand which made entrant in June 2020.

Aduragbemi Omiyale is a journalist with Business Post Nigeria, who has passion for news writing. In her leisure time, she loves to read.

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NNPC, Chinese Firm in Talks over Nigeria’s Moribund Refineries

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NNPC Crude Cargoes pricing

By Adedapo Adesanya

The Nigerian National Petroleum Company (NNPC) Limited is in talks with a Chinese company over one of the state-owned oil firm’s refineries, the chief executive of the state oil company, Mr Bashir Bayo Ojulari, said.

He said the company was seeking experienced operators as equity partners to revive its four refineries after years of losses and underperformance.

The NNPC chief said an internal review carried out shortly after assuming his role last April showed the refineries were running at huge losses, with high operating costs and heavy spending on contractors while processing volumes remained low.

Mr Ojulari said that the board of the state oil company has approved a strategy to bring in refinery operators with proven expertise rather than contractors, adding it was in advanced talks with several interested parties.

“I’m just coming from a meeting with one of the potential investors,” Mr Ojulari said, without giving a name. “They are going to the refinery tomorrow to inspect. It’s a Chinese company that has one of the biggest petrochemical plants in China.”

The NNPC head stated that operations in the refineries had been put on hold to give time to evaluate potential restoration solutions.

This coincided with the opening of the Dangote Refinery, which provided “breathing space” for the supply of domestic petroleum.

For the past two years, the NNPC has unsuccessfully attempted to fully reactivate the state oil refineries in Warri, Kaduna, and Port Harcourt, which have a combined processing capacity of 445,000 barrels per day but have remained idle for decades.

These endeavors to restore the facilities to operational status have resulted in both public controversy and shifts in strategic direction.

The government initially sought to rehabilitate these refineries, primarily in response to the commissioning of Dangote’s 650,000-barrel-per-day oil refinery; however, this effort proved unsuccessful, necessitating an exploration of potential public-private partnerships.

In October 2025, the NNPC announced its search for new technical private equity partners to facilitate the revival of its long-dormant refineries.

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Senate Passes Electoral Act Amendment Bill, Blocks Electronic Transmission of Results

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Godswill akpabio Senate President

By Modupe Gbadeyanka

The Senate on Wednesday passed the bill to amend the Electoral Act of 2022 after delays, which almost pitched the institution against several Nigerians.

Last week, the upper chamber of the National Assembly headed by the Senate President, Mr Godswill Akpabio, set up a panel to look into the matter, with the directive to submit its report yesterday, Tuesday, February 3, 2026.

However, after the report was submitted yesterday, the red chamber of the parliament said it was going to take an action on it on Wednesday.

At the midweek plenary, the Senate eventually passed the Bill for an Act to Repeal the Electoral Act No. 13, 2022 and Enact the Electoral Act, 2025.

However, some critical clauses were rejected, including the proposed amendment to make is mandatory for the Independent National Electoral Commission (INEC) to transmission election results electronically from polling units to the INEC Result Viewing (IReV) portal.

The clause was to strengthen transparency and reduce electoral malpractice through technology-driven result management.

It also rejected a proposed amendment under Clause 47 that would have allowed voters to present electronically-generated voter identification, including a downloadable voter card with a unique QR code, as a valid means of accreditation.

The Senate voted to retain the existing 2022 provisions requiring voters to present their Permanent Voter’s Card (PVC) for accreditation at polling units, and upheld the provision mandating the use of the Bimodal Voter Accreditation System (BVAS) or any other technological device prescribed by the electoral umpire for voter verification and authentication, rather than allowing alternative digital identification methods as proposed in the new bill.

The Senate also reduced the notice of election from 360 days to 180 days, with the timeline for publishing list of candidates by INEC dropped from 150 days to 60 days.

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Amupitan Says 2027 Elections Timetable Ready Despite Electoral Act Delay

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Incorruptible INEC Chairman

By Adedapo Adesanya

The Independent National Electoral Commission (INEC) has completed its timetable and schedule of activities for the 2027 general election, despite pending amendments to the Electoral Act by the National Assembly.

INEC Chairman, Mr Joash Amupitan, disclosed this on Wednesday in Abuja during a consultative meeting with civil society organisations.

Mr Amupitan said the commission had already submitted its recommendations and proposed changes to lawmakers, noting that aspects of the election calendar might still be adjusted depending on when the amended Electoral Act is passed.

He, however, stressed that the electoral umpire must continue preparations using the existing legal framework pending the conclusion of the legislative process and presidential assent to the revised law.

According to him, the commission cannot delay critical preparatory activities given the scale and complexity involved in conducting nationwide elections.

The development highlights INEC’s commitment to early planning for the 2027 polls, even as stakeholders await legislative clarity that could shape parts of the electoral process.

Yesterday, the Senate again failed to conclude deliberations on the proposed amendment to the Electoral Act after several hours in a closed-door executive session. The closed session lasted about five hours.

Lawmakers dissolved into the executive session shortly after plenary commenced, to consider the report of an ad hoc committee set up to harmonise senators’ inputs on the Electoral Act Amendment Bill.

When plenary resumed, the Senate President, Mr Godswill Akpabio, did not disclose details of the discussions on the bill.

Despite repeated executive sessions, the upper chamber has yet to pass the bill, marking the third unsuccessful attempt in two weeks.

The Senate, however, said it will not rush the bill, citing the volume of post-election litigation after the 2023 polls and the need for careful legislative scrutiny.

Last week, the red chamber of the federal parliament constituted a seven-member ad hoc committee after an earlier three-hour executive session to further scrutinise the proposed amendments.

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