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 issued the order in a ruling on suit No. FCT/HC/CV/983/2022, involving Dunes Investment and Global Services Ltd as applicant, AMAC as first respondent, and the Federal Capital Territory Administration (FCTA) as second respondent.
The Certified True Copy (CTC) of the ruling was made available to journalists in Abuja on Thursday by Mr. Ogenna Ibe, counsel to the second respondent.
Dunes Investment filed a Notice of Preliminary Objection on November 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 contended that 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. That judgment, delivered on February 14, 2025, clarified which authority is empowered to assess, receive payments for, and issue medical certificates of fitness to food handlers in the FCT.
The applicant argued that the interpleader summons was an attempt to relitigate matters 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, Justice Bature said the court had carefully considered the preliminary objection, the reliefs sought, the supporting affidavit, and the written address filed by the applicant. She 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 the regulation of food handlers in the territory.
Justice Bature 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 ruled that AMAC’s issuance of demand and abatement notices to the applicant regarding medical certificates, training, and screening of food handlers violated existing legal provisions.
The judge also held 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.
Justice Bature further ordered AMAC to refund N1.222 million to the applicant for payments made between January 20 and June 13, 2023, for medical certificates and food handlers’ tests.
This version fixes issues like inconsistent tense (e.g., “it was reported that” → direct narrative), awkward phrasing, missing articles, run-on sentences, and improves readability while preserving all original facts and legal details.
