₦airaland Forum

On the 13th day of March, 2017, it was reported that the Lagos High Court sitting at Igbosere, in the judgment given by Justice Adedayo Oyebanji, awarded a cost of N2 million against NAFDAC and also ordered the National Agency For Food and Drug Administration and Control (NAFDAC) to order the Nigerian Bottling Company (NBC) Plc to put a written warning on Fanta and Sprite bottles stating that both soft drinks are poisonous when consumed along with Vitamin C. The court further held that NAFDAC failed Nigerians by declaring, as fit for human consumption, products discovered by tests in the United Kingdom as turning poisonous when mixed with ascorbic acid (popularly known as Vitamin C).
The judgment was the outcome of a suit filed by a Lagos-based businessman, Dr. Emmanuel Fijabi Adebo, and his company, Fijabi Adebo Holdings Limited, against NBC Plc and NAFDAC. Mr. Adebo, in the suit, urged the court to declare that NBC was negligent to its consumers by bottling Fanta and Sprite with excessive levels of benzoic acid and sunset additives. They alleged that in March 2007, Fijabi Adebo Holdings Company bought large quantities of Coca-Cola, Fanta Orange, Sprite, Fanta Lemon, Fanta Pineapple and soda water from NBC for export to and subsequent retail in the United Kingdom. But when the consignment arrived in the United Kingdom, health authorities in that country, precisely the Stockport Metropolitan Borough Council's Trading Standard, Department of Environment and Economy Directorate, raised fundamental health issues on the contents and composition of Fanta and Sprite.
On account of the irregularities and carcinogenic substances present in the drinks, Mr. Adebo and his company could not sell the Fanta and Sprite. This caused huge losses for the company, as the products were seized and destroyed by the United Kingdom health authorities. The claimants equally alleged that NAFDAC did not carry out requisite tests to determine the safety of the drinks for human consumption. I am minded to think it is important for us to know that the term "negligence" in this case is not just limited to the day to day usage of the word in the English language jungle.
Points to Note:
1. Negligence is the failure to exercise the care that a reasonable and prudent man would naturally exercise in a similar situation.
2. In Law, for a person to be found liable for negligence, three elements must be proved as follows:
(i) Duty of Care
(ii) Breach of the Duty of Care
(iii) Damages resulting from the Breach
3. Firstly, a man cannot be held liable in law for every careless act even if it results in damage, except if he owes the plaintiff a legal duty of care.
4. "Duty of Care" is all about 'foreseeablility'. You owe a duty of care to everybody who you can reasonably foresee would be likely to be injured by your acts or omissions. Yes! You owe anybody you offer a lift in your vehicle a duty of care to ensure they alight safely from your vehicle otherwise they can sue you for negligence.
5. Secondly, the plaintiff must prove that the defendant owed him a legal duty of care which he breached otherwise the action would fail.
6. Thirdly, it must be proved that the defendant has made the plaintiff suffer damage as a result of the breach of the legal duty to take care on his (the defendant's) part.
7. However, it is pertinent to note that there are cases where the plaintiff need not prove this third element but can just relying on the doctrine of "res ipsa loquitur" which means "the fact speaks for itself". For example, a person who lost his hand in an accident resulting from another's negligent driving only need to show his amputated hand to the court and, of course, "the fact speaks for itself".
8. In short, for an action founded on negligence to succeed, these three elements must have been established with cogent evidence before the court of Law.

In this case, NAFDAC owes a duty of care to every buyer/consumer of soft drinks ( as well as other drinks, drugs, cosmetics etc) to ensure they conduct proper laboratory test before giving approvals that the products are safe for use. This is because the consumers can suffer harm if the Agency omits to perform such duty.
There was a breach of the Duty of care when NAFDAC failed in its duty to carry out the proper test and detect the carcinogenic substances in the drinks.
Mr. Adebo and his company suffered from this breach of duty of care by NAFDAC when they bought the products, exported it to the UK but couldn't sell it and found it destroyed by the appropriate health authorities because NAFDAC didn't conduct proper test to warn the public of such harm or even ban such drinks.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

lalasticlala, Mynd44, Seun, 1forall, CrazyMan, ijebabe, dominique

Pastor Joshua Allen is the CEO of ATM Pharmaceutical Company Ltd., Akure. On the 25th day of January, 2016, he entered into a contract of sale of some drugs on behalf of the Company with Miss Oladipo who is also a renowned Pharmacist at the sum of N750, 000. This was based on the agreement that she would not resell the drugs below N1million or pay the sum of N500, 000 for the breach and that in the event of a sale to her customers she would extract the same promise from them. On the 31st day of March, 2016, Miss Oladipo sold the drugs to the MD of Federal Medical Centre, Sagamu, Dr. Tolani Awokoya at the sum of N1.2million and he agreed to observe the restriction or pay the sum of N500, 000 for the breach. On the 1st day of November 2016, Dr. Tolani Awokoya sold the drugs to a community hospital at N800,000 and ATM Pharmaceutical Company has instituted an action against the Federal Medical Centre, sagamu to enforce the promise N500,000 for such breach.
Points to note:
1. The principle of law is that a person who is not a party to a contract although the contract was made for his benefit cannot sue on the contract.
2. In other words, a contract, generally, cannot confer enforceable rights or impose obligations arising under it on any person except those who are parties to it. For instance, if your Project Supervisor contracts with Royal Diadem Consults to help you with your project analysis and the latter failed to do so, you don't have a right to sue because you're not a party to the contract.
3. The parties to a contract are those who communicated with each other and fulfilled the basic elements of a valid contract to bring the agreement into existence.
4. The main reason behind this principle is that only a person who is a party to a contract can sue and be sued on it.
5. However, parties have the freedom to enter into a contract based on their desired terms and they can include such third party involvement in their initial agreement.
6. Nonetheless, the party to the contract can sue the party who defaulted by joining the third party for whose benefit the contract was made as a party.
It is apparent that ATM Pharmaceutical Company does not have a right to sue because the Company was not a party to the contract between Miss Oladipo and Federal Medical Centre, Sagamu. However, the only bailout he has is to persuade Miss Oladipo to sue FMC, Sagamu and join him as a necessary party.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
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Marvel1206:
The world would have been a different place if women were not made a part of it. It is often said that women add spice to the lives ofthose around them and this can be said to be true judging by the impact played by the amazing ones we have in the society.

Women in Nigeria have come a long way; from breaking the norm and doing something inspirational for themselves and for the societyat large.

As part of the International Women’s day celebration, we would show you some of the beautiful Nigerian women of our time. The amazing women seen here were not picked based on some rating. They represent different industries in Nigeria and are doing well in their chosen fields.


This means that women need not be restrictedto a particular field before they will break grounds and do remarkable things. We have women whose presence represent family and love, there are some that are business oriented and can speak where men are speaking.

There are some that are born entertainers; the most important thing to note with this is success can be achieved in every niche in as much as the women set their hearts on gettingthings done and being exceptional.

Find below some of the beautiful Nigerian women who have wowed us with their smartness, intelligence, coordination, beauty and sense of responsibility:
Cc Lalasticlala Mynd44

Wondering what you're saying if I can't see the Ogun State First Lady, Dr.(Mrs) Olufunso Amosun on the list.

hiremyminivan:
I need to advice someone very close to me.


This is the gist of the story!

I got paid last month's salary on the last day of the month.

Now 5 days into the new month, I got an better offer (read that to mean, I have been interviewed and chosen by a new place before this)

Am getting a letter of appointment tomorrow.

How do I close the chapter at the former place of employment neatly?

By returning last month's salary or by working for the next 30 day's free or just walking away? Is there any other option?

What is the position of the law?

Thanks for your input

See my Legal Diary

On the 13th day of August, 2016, Professor Laolu Omilana was appointed as the new Director of the Nigerian Institute of Human Nutrition and Dietetics, Abuja. He is to lead a team of 6 to pilot the affairs of the Institute for the next 2years. On the 5th day of November, 2016, the Institute entered into an agreement with Emmanuel Inufin Automobiles Ltd which was represented by her Legal Adviser, Damilola Bamisile(Miss) for the supply of 6 (official) Cars from Japan at an agreed sum of 180 Million Naira. The terms of the contract are as follows:
(a) That the purchaser has agreed to purchase 6 vehicles imported from Japan from the vendor at the agreed price of N180 million
(b) That the purchase price will be paid in 3 instalments. The first instalment being for the sum of N80million be paid upon the execution of this agreement, the second instalment being for the sum of N50million to be paid upon the presentation of evidence of clearance of the vehicle at the port and the third instalment being for the sum of N50million to be paid upon the delivery of the vehicles to the purchaser which is six weeks from the entry into force of this agreement.
(c)That all contractual conditions or warranties as to fitness are excluded from this contract.
Upon the arrival of the Cars, it was discovered that the engines of the cars were faulty and not be fit to be used as the official cars of the leaders of the institute. Prof. Omilana was in my office last week to brief me. "How can those people claim the outstanding sum of N50million when the cars are not working properly", he insisted.
Points to Note
1. In Law, parties are free to decide the terms of the contract they are entering into and they are bound by that agreement. In essence, a party will not be allowed to scuttle out of a contract freely entered into by him because it wasn't later favourable to him.
2. Apart from the express terms, there are implied terms in every contract of sale of goods, one of which is that the goods must be fit for the purpose for which it was purchased (or at least for the purpose for which it was manufactured).
3. However, the terms of the contract can contain "exemption clauses". An exemption clause is a term in a contract which seeks to exempt a party from liability in a certain event which ordinarily he would be bound to make contingency plan for. For example, one of the reasons why most aggrieved persons cannot sue MMM is because there are exemption clauses on the website of the scheme and they are even highlighted in red.
4. To every general rule, there are exceptions. An exception to the validity of exemption clauses is "fundamental breaches". Fundamental breach is an event resulting from the failure of one party to perform a primary obligation which has the effect of depriving the other party of substantially the whole benefit which it was the intention of the parties that he should obtain from the contract.
5. For the purpose of clarity, where a party was in breach of a term that was said to be fundamental to the contract, an exemption clause, no matter how wide cannot avail him.
Based on these Laws, I had to tell Prof. Omilana the story of another woman with a similar experience. This woman, Temitope Adegbuyi shipped cattle on board the ship of another man, Mr. Tomi Akano from Ankara to Lagos under a bill of lading which contain an exemption clause to the effect that the ship owner was not to be responsible "under no circumstance" for any damage, injury or death of the cattle. The cattle were infected with foot and mouth disease because the ship which was previously used to carry that had such diseases and was not disinfected by the servants of Mr. Tomi Akano. Temitope Adegbuyi suffered damage and sued. Mr. Tomi Akano relied on the exemption clause but the court's decision was that "in this case, it is clear that the ship was not reasonably fit for the carriage of these cattle. There is therefore a fundamental breach of their implied engagement by Mrs. Elizabeth Temitope. The latter is entitled to damages".
It is deducible that Emmanuel Inufin Automobile Company may not be able to successfully claim the outstanding sum of N50million because the company is in fundamental breach of the contract; 'the engine is the car'! However, I'm of the simple opinion that the parties should just enter into a mediation or arbitration session to resolve their dispute so that a win-win position can be created. Time is business.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

BabaCommander:
Get where? You think FG can sustain the intervention? Truth is that they can't folks are doing panic selling that's the reason for the steady fall.

Brother, the panic selling being done by your so-called folks who have drunk the water of wickedness and selfishness is one of the aims of the intervention. All of us are shouting there is no change, cursing government but most of us are the enemies of progress. It is so unfortunate that a good number of those that are hoarding the foreign currency and making the value of Naira to depreciate will also be shouting there's no change and they've lost confidence in th government. Lose confidence in yourself first! May God help Nigeria if Nigerians will gree.

LoveDecay:
You been dey make sense until you carry America put for the talk. No you're just another idiot that barely knows the difference btw a square and a rectangle.

Thanks for the insult. However, we are entitled to our individual opinion.

DonCortino:
Bro! I dont think an investor will fly several hundreds/thousands ok kilometres from his/her country to nigeria just to take a shìt!

I thought I mentioned that they inspected so many facilities including toilets but the caption was used by newsmen to catch your attention. And of course, they did!

From The News:
He went through the security areas to the arrival hall, where he inspected the travelator and expressed disappointment that the facility was not working.
Osinbajo also inspected the carousels and toilets, before proceeding to the departure hall of the airport.
Throughout the inspection, he expressed disappointment that many of the facilities were either obsolete or broken down, and even newly installed equipment like the carousels were not in efficient working order.

Dongreat:
I really don't have much to say to you until you know the true reasons why countries who practices real democracy have different ministry. Why jobs are shared among the ministries and a particular minister is assigned to their duties. You love this man dearly from your comments but acting right in a time of wrong is quite foolish.
This is his chance to truly impress by drawing a blueprint to savage a recession hitting country and shine in the face of all including opponents. Guess there are no important national concerns then.

Brother, read the news o this issue very well. All these ministries you're talking about do next to nothing. From the news, you can ascertain that these ministries are very corrupt! They FG paid for repairs of the airport facilities but it never got to the relevant contractors. I have a feeling if they know he's an acting president that will not just give order but also back it up with impromptu visits to inspect, people will seat tight and things will get better. It's not a matter of loving him so dearly, he's not my father but I believe he has his reasons. For example, he was a lecturer in Unilag and must have travelled for international conferences using the airport so, he knows the situation of things there. If the Ministries are saying they've repaired the facilities and the airport users are saying a different thing, how does he want to ascertain the truth? I won't be surprised if the visit is what informed the firing of the 10airport top officials.

DonCortino:
Why d recycling this post? Why d emphasis of 'professor of law'?

I really pray n hope things change for the better in this country but we will NOT/NEVER attain it if we keep celebrating mediocrity like this one!

That's the prayer too. I have understand why everybody is emphasising on him sending people from ministry! Haven't you had dealings with them? Don't you know how dishonest and inefficient most of these ministries are? Read the news very well and you'll notice that the money for the repair of these facilities was collected by the ministries but never got to the relevant contractors.

DonCortino:
How does inspecting the toilet improve the ailing economy? Dont tell me the toilet will attract investors.

OMG! Chairman, you are getting so many things wrong. I wish this was an essay topic and I will write pages upon pages. Please, note that he didn't visit the airport just to inspect toilets. You know how press couch their headlines to attract readers nw. He visited to check the facilities generally including the toilets. Trust me, he has his reasons. For example, what if a member of a foreign envoy jokingly made reference to the poor state of the toilet?
Osinbajo Inspects Toilets, Carousels at Lagos Airport
February 24, 201752369



Chinedu Eze

In line with the federal government policy on the ease of doing business in the country, the acting President, Yemi Osinbajo yesterday inspected facilities, including toilets and the carousels, at the international wing of the Murtala Muhammed Airport, Lagos.

Accompanied by the Minister of State for Aviation, Senator Hadi Sirika, the acting president drove from the VIP section of the domestic airport through airside to the tarmac of the international wing of the airport.

He went through the security areas to the arrival hall, where he inspected the travelator and expressed disappointment that the facility was not working.
Osinbajo also inspected the carousels and toilets, before proceeding to the departure hall of the airport.
Throughout the inspection, he expressed disappointment that many of the facilities were either obsolete or broken down, and even newly installed equipment like the carousels were not in efficient working order.
He inspected the immigration area and went to the Visa on Arrival section to enquire how quickly a visitor could obtain visa on arrival.



“We are doing a lot to ease the process of doing business in Nigeria, so we want to make the environment friendly, not only in the area of transportation but for everybody who wants to come and do business in Nigeria.

“The airport is one of the places where we need to ensure that facilities are working and that things are being done properly. We have come and we have looked around and seen quite a few of the equipment.
“There are many things that need to be corrected, so a lot need to be done. We need to work on them,” Osinbajo said.

The minister also affirmed that there were things that needed to be done at the airport to enhance easy facilitation and improve the comfort of travellers, adding: “We are here to look at these things. I agree with the vice-president. A lot needs to be done. That is why we are here.”

When THISDAY asked Federal Airports Authority of Nigeria (FAAN) sources why many of the facilities were not in good working condition, one official said most of the contracts awarded for the execution of projects at the airports were done by the Ministry of Aviation (now Transport).

He disclosed that oftentimes FAAN’s management is excluded from the award of contracts for project, “so for the agency to effectively handle the affairs at the airports, interferences from the ministry must stop.”
During the inspection, it was learnt that the company that ought to maintain the carousel had not been paid and discontinued work.

DonCortino:
What will d aviation or transport minister then do?

Why do we have ministers?
Did the british prime minister or queen personally go an inspect those facilities themselves?

I see all these as eye service from d vp. Things are still getting worse n its toilet he is inspecting.

I guess I'll have to repost this with some modifications. Another mistake you making! What Minister of Health, Aviation and Co are doing? In this Nigeria where they are going to London to ask Buhari for confirmation even after being given orders from Buhari? Those ministers are bloody politician mehn! The Minister of Health, for example, was once my Vice Chancellor and I know as smart as he is, pranks and politics won't allow him to act. This man has to take action chap chap before things go out of hand. The mininsters et al they are themselves not clean? The will call blue black. Brother, believe me so well, this man is not only a Professor but a Professor of Law that has a touch of excellence; he knows what he's doing. Do you think the little recovery of dollar was without his impact?
When he was Lagos State A.G., that was the same way people were saying some steps he took were foolish but he later won their hearts. Why do you think Tinubu can't play with him? Have you ever seen the likes of Obasanjo open their mouth to say rubbish about him.
Even if you've read books written by him you'll understand what I'm saying. The fifth paragraph may look stupid but by the time you get to the 9th paragraph you will appreciate the fifth paragraph. Besides, what gives us the assurance that he has not set up and investigation team to look into all those things before?
Go and read American history...the likes of Abraham Lincoln did some things the ordinary American considered foolish then but they're reaping the benefits today.

Dongreat:
Do I know how Britain deal with unkempt organizations? YES, they simple employ and send "health inspector" uninvited to visit and produce a fair review of the organizations and report back to the health ministry. Britain don't send Theresa May or the queen to inspect toilets when they have health ministry.

How will investors look at this news or pictures? They will weep for the country. A country in rapid decline, where the currency will soon be worthless, where recession is actually a number, have a president on leave without informations about his health and an acting president who should have grab his balls and play boss, instead going to the toilets of a 3 star airport and inspecting the facilities like a janitor, yet having a minister of health and a ministry of health in Lagos.
Hope you are thinking out of the box now??

Another mistake you making! He should appoint an "Health Inspector" in this Nigeria that no one can be trusted? They will settle his pocket and he will call blue black. Brother, believe me so well, this man is not only a Professor but a Professor of Law that has a touch of excellence; he knows what he's doing. Do you think the little recovery of dollar was without his impact?
When he was Lagos State A.G., that was the same way people were saying some steps he took were foolish but he later won their hearts. Why do you think Tinubu can't play with him? Have you ever seen the likes of Obasanjo open their mouth to say rubbish about him.
Even if you've read books written by him you'll understand what I'm saying. The fifth paragraph may look stupid but by the time you get to the 9th paragraph you will appreciate the fifth paragraph. Besides, what gives us the assurance that he has not set up and investigation team to look into all those things before?
Go and read American history...the likes of Abraham Lincoln did some things the ordinary American considered foolish then but they're reaping the benefits today.
http://newtelegraphonline.com/news/osinbajo-faces-tough-times-aso-rock/

Dongreat:
Wonderful. So you mean Putin goes around the streets of Moscow, inspecting sewers or Trump goes uninvited to JFK airport just to inspect the toilets. I see why the citizens of third world countries are just, well to put it politely, "Bloody Illiterate".

Truly Nigerian deserve the kind of leaders they have.

Brother, different nations with different problems! Let's endeavour to think critical and make objective analysis before we drop comments. Do you ever know British Airlines suspended their services because of poor aviation facilities? Do you know other airlines are threatening to suspend their services as well due to poor facilities? How will investors that are coming to invest in your country get here? Besides, what impression will this give other Countries of Nigeria?