AN FCT High Court has restrained the Abuja Municipal Area Council (AMAC) from issuing demand notices, medical certificates of fitness, or conducting training and screening of food handlers in the Federal Capital Territory.
Justice Samira Bature gave the order in a ruling in suit No. FCT/HC/CV/983/2022 involving Dunes Investment and Global Services Ltd, AMAC and the Federal Capital Territory Administration (FCTA).
The Certified True Copy (CTC) of the ruling was made available to newsmen in Abuja on Thursday by Mr Ogenna Ibe, counsel to the second respondent.
Dunes Investment filed a Notice of Preliminary Objection on Nov. 25, 2025, seeking to strike out an interpleader summons filed on March 22, 2022.
The company argued that the summons was incompetent and constituted an abuse of court process.
It said the issues had already been determined in an earlier judgment delivered by Justice Yusuf Halilu in suit No. CV/1642/2024 between Devyani International Nigeria Ltd and AMAC.
The judgment, delivered on Feb. 14, 2025, determined which authority is empowered to assess, receive payments and issue medical certificates of fitness to food handlers in the FCT.
The applicant argued that the interpleader summons was an attempt to relitigate issues already decided by a court of competent jurisdiction.
“The court is functus officio on the matters raised in the interpleader summons and lacks jurisdiction to reopen issues already decided,” the preliminary objection stated.
“The interpleader summons constitutes a gross abuse of court process,” it added.
In her ruling, Bature said the court carefully considered the preliminary objection, the reliefs sought, supporting affidavit, and the written address filed by the applicant.
She said the court also examined the counter-affidavit and written address filed by the respondents.
The judge noted that the objector attached Justice Halilu’s judgment as an exhibit to support its argument.
She held that the judgment clearly defined the responsibilities of AMAC and the FCTA regarding regulation of food handlers in the territory.
Bature also cited the National Policy on Food Safety Implementation 2014, which mandates state ministries of health to coordinate and supervise food hygiene and safety within local government areas.
She held that issuance of demand and abatement notices to the applicant by AMAC regarding medical certificates, training and screening of food handlers violated existing legal provisions.
The judge also ruled that AMAC’s actions amounted to disobedience of an earlier judgment delivered on July 12, 2023, in suit No. FCT/HC/CV/938/2022.
The court granted a perpetual injunction restraining AMAC from issuing further demand or abatement notices regarding medical certificates, training, or screening of food handlers in the FCT.
Bature also ordered AMAC to refund N1.222 million to the applicant for payments made between Jan. 20 and June 13, 2023, over medical certificates and food handlers’ tests. (NAN)
