A Federal High Court in Abuja on Tuesday rejected Federal Government’s application for the arrest of Managing Directors of Coca-Cola Nigeria Ltd, Adeola Adetunji, over his absence from court to answer to the charges preferred against him.
The Federal Government had accused Coca-Cola and Adetunji of violating an order of the Consumer Protection Council, and offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004.
It filed against the Nigerian Bottling Company and its Managing Director, Mr. Ben Langat, separate one count of deliberately flouting the order of the CPC contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.
Both separate charges were filed by the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, before Justice Evoh Chukwu of a Federal High Court in Abuja.
The counsel prosecuting on behalf of the Federal Government, Chief Bayo Ojo (SAN), had applied for a bench warrant against the Adetunji ‘to compel his attendance in court’.
Ojo, who said he had served Coca-Cola but had been unable to serve Adetunji with the charge preferred against them, also applied to the court for substituted service of the charge by pasting it on his (Adetunji) premises.
But the defendant’s counsel, Prof. Gbolahan Elias (SAN), opposed the application, arguing that his clients were not bound to be in count since they had filed a notice of preliminary objection.
Justice Chukwu refused the application for bench warrant but granted an application for substituted service.
Also, counsel for the NBC and its Managing Director, Mr. Oluseye Opasanya (SAN), informed the court that his clients intended to file a notice of preliminary objection against the appearance of Ojo in the case.
Opasanya, whose clients were also absent in court on Tuesday, argued that Ojo and the other lawyers in his team, as private lawyers, had not obtained the necessary fiat to prosecute his clients.
The court then adjourned till Monday for hearing of the notices of the preliminary objection.
The Federal Government in the charge against NBC and its Managing Director, Mr. Ben Langat alleged that the two accused persons committed an offence by violating the Orders of the Consumer Protection Council.
They were said to have “deliberately failing, refusing and/or neglecting to comply with the Council’s Orders duly made and served on you and thereby committed an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.”
In one of the counts against Coca-Cola and Adetunji, the government alleged that the two accused persons committed an offence by refusing to “attend the hearing of the Consumer Protection Council.”
The hearing was said to have been held in Abuja in relation to investigation of violation of product quality standard under the Consumer Protection Council Act.
They were said to have refused to attend the hearing after summons was duly issued and served on you and thereby committed an offence contrary to Section 18 of the Consumer Protection Council Act Cap C. 25 of the Federation of Nigeria, 2004 and punishable under the same section.”
Coca-Cola and its Chief Executive, as in the case of NBC, were also accused of violating the orders of the Council by deliberately refusing to comply with the order duly made and served on them.
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