By Peter Dansu
In a landmark ruling that brings much-needed relief to businesses across the Federal Capital Territory, the FCT High Court has quashed criminal charges brought against H-Medix Pharmacy Ltd by FCTA authorities, while clearly confirming the legal authority of Area Councils to handle sanitation and health inspection matters.
Presided over by Hon. Justice Y. Halilu, the court delivered this order on May 21, 2026 in respect of the ex-parte Motion No. M/7935/2026 filed by H-Medix Pharmacy Ltd on March 13, 2026. This decisive judgment effectively puts an end to the regulatory harassment and overlapping enforcement actions that H-Medix and many other legitimate businesses in Abuja have endured.
By granting the orders of Certiorari and Prohibition, Hon. Justice Alilu has stopped the criminal proceedings, charges and orders initiated by the FCTA Health and Human Services Department against H-Medix at the various Magistrate Courts, pending the determination of the Motion on Notice for Judicial Review. It has also prevented any further action against the Applicant based on the Public Health Service Act 1958, National Environmental Health Practice Regulations 2024, National Policy on Food Safety, and the National Guidelines for Food Handlers Medical Test 2024.
H-Medix Pharmacy Ltd, a leading healthcare provider known for its commitment to quality service in Abuja, had strongly argued that the FCTA lacked statutory competence to enforce the extant laws cited above. The company highlighted the absence of proper jurisdictional facts, the fact that policies cannot substitute for enforceable laws, the lack of a statutory fee schedule and violation of constitutional principles.
The court’s ruling in favour of these grounds sends a strong message against arbitrary and duplicative demands that have burdened businesses with multiple taxation for the same services. This outcome aligns with the concerns raised by Global Integrity Crusade Network, which in April 2026 publicly drew attention of relevant stakeholders to the deepening institutional crisis between the FCTA and Area Councils like AMAC. The group had highlighted cases of businesses being forced to pay duplicate levies — for instance, making payments to AMAC only to face additional and higher demands from FCTA-linked private consultants.
Such practices had led to premature prosecutions and created an environment of uncertainty for operators trying to comply in good faith. With this pro-business ruling, the FCT High Court has reinforced the role of Area Councils in managing local environmental sanitation and health inspections pursuant to Section 7 of the 1999 Constitution and the Fourth Schedule thereto.
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