General
Rite Foods Files Suit to Imprison NBC MD
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.
General
NIMASA Confirms Oil Spill from Bonny Channel Vessel Collision
By Adedapo Adesanya
The Nigerian Maritime Administration and Safety Agency (NIMASA) has confirmed that a collision between vessels in the Bonny Channel, Rivers State, led to oil pollution in the affected area.
The agency’s Deputy Director and Head of Public Relations, Mr Osagie Edward, disclosed this in a statement, noting that the Deep Blue Forward Operating Base in Bonny received a distress call at about 11:30 a.m. regarding the collision.
He said the incident involved MV Valparaiso, a Singapore-flagged container vessel with IMO Number 9433054, and MT Lady Martina, a Nigerian-flagged oil products tanker.
According to the statement, the Deep Blue Base immediately deployed 10 armed personnel aboard the interceptor boat DB 214 to the scene.
The agency said five crew members aboard MT Lady Martina sustained varying degrees of injuries during the incident.
The spokesperson said the injured crew members were evacuated to the Forward Operating Base sickbay in Bonny for immediate medical treatment.
“Following the collision, MT Lady Martina drifted ashore and is currently aground along the Bonny Channel.
“MV Valparaiso also remains grounded at the Bonny Inner Anchorage pending damage assessment and further investigation,” Edward said.
He said the management of MAERSK had officially reported the incident to the agency.
Mr Edward said the Director-General of NIMASA, Mr Dayo Mobereola, had ordered a full investigation into the immediate and remote causes of the collision.
He added that NIMASA had established a Situation Monitoring Room to coordinate emergency response efforts and monitor developments from the incident.
Mr Mobereola had personally visited Rivers to inaugurate the monitoring room and oversee response operations in the state.
The Director-General also directed the agency’s Marine Environment Management Department to begin an Environmental Impact Assessment (EIA) of the affected area immediately.
Mr Mobereola urged officials to take necessary measures to mitigate the impact of the Tier One oil sheen and safeguard the marine environment.
General
NAFDAC Destroys N1.8bn Sachet Alcohol, Expired Pharmaceuticals in Abuja
By Modupe Gbadeyanka
Some counterfeit, expired, and unwholesome products worth over N1.8 billion have been destroyed by the National Agency for Food and Drug Administration and Control (NAFDAC) in Abuja.
The agency, in a statement on Friday, disclosed that the items were destroyed by fire at the Kuje dumpsite in the Federal Capital Territory (FCT).
The destruction exercise involved the incineration of counterfeit medicines, banned sachet alcohol, expired pharmaceuticals, fake chemicals and other unsafe products seized across Abuja and surrounding areas, including items voluntarily submitted by companies, NGOs, and the Association of Community Pharmacists of Nigeria (ACPN).
According to NAFDAC, this action demonstrates its commitment to ensuring that seized products do not re-enter circulation. It also reaffirms its commitment to enforcing the ban on alcoholic beverages packaged in sachets and PET bottles below 200ml, warning that enforcement actions and prosecution will extend to traders found in possession of such products.
Speaking during the exercise, the Director-General of NAFDAC, Prof. Mojisola Adeyeye, represented by the Director of Investigation and Enforcement, Mr Martins Iluyomade, warned that counterfeit drug syndicates now deploy sophisticated cloning techniques to imitate genuine products, making it increasingly difficult for consumers to identify fake items.
She disclosed that the organisation recently intercepted several containers of suspicious products falsely declared to evade detection at the ports, stressing the need for stronger inter-agency collaboration and public vigilance.
The DG urged Nigerians to avoid patronising suspiciously cheap medicines and other regulated products, and to report suspicious activities to the nearest NAFDAC office or the NAFDAC Call Centre.
General
Tinubu Lauds NDLEA $360m Drug Bust, Nigerian-Mexican Cartel Dismantling
By Adedapo Adesanya
President Bola Tinubu has commended the National Drug Law Enforcement Agency (NDLEA) for dismantling a sophisticated Nigerian-Mexican drug syndicate and uncovering a multi-million-dollar illicit drug production network operating in the country.
The President’s message was contained in a statement issued on Thursday by his Special Adviser on Information and Strategy, Mr Bayo Onanuga.
The NDLEA Chairman, Mr Mohammed Buba Marwa, had on Wednesday announced the breakthrough following a major operation carried out by the agency in collaboration with international partners after weeks of intelligence gathering and strategic planning.
According to President Tinubu, the operation, which led to the arrest of foreign nationals, local drug kingpins, and other collaborators, as well as the seizure of illicit drugs and chemicals valued at over $360 million, reflects the professionalism and commitment of the anti-narcotics agency.
“This successful operation, which led to the arrest of foreign nationals, local kingpins and other collaborators, as well as the seizure of chemicals and illicit drugs valued at over $360 million, demonstrates exceptional professionalism, courage, and unwavering commitment to safeguarding society from the devastating effects of narcotics,” the President said.
He praised the courage, resilience, and dedication displayed by NDLEA operatives during the operation and urged the agency not to relent in the fight against drug trafficking.
He warned that West Africa has increasingly become a major transit hub for cocaine, synthetic drugs, and unregulated pharmaceuticals being trafficked to Europe and North America.
According to him, beyond posing serious security threats, the drug trade is also destroying the future of many young people across the region.
The President also called on Nigerians to support the fight against illicit drugs by remaining vigilant and reporting suspicious activities to security agencies.
“I call on all Nigerians to see the fight against illicit drugs not NDLEA’s alone. Everyone has a role to play. We must remain vigilant and promptly report suspicious activities within our communities to assist security agencies in combating criminal networks,” he stated.
President Tinubu added that the successful operation sends a strong warning to criminal networks that organised crime and other threats to public safety will not be tolerated anywhere in the country.
“This landmark success is a strong message that our security agencies will not tolerate organised crime and criminality anywhere in the country, and that those who threaten public safety and national security will face the wrath of the law,” he said.
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