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An FCT High Court has restrained the Abuja Municipal Area Council from issuing demand notices, medical certificates of fitness, or conducting training and screening of food handlers in Abuja.
Justice Samira Bature issued the order while delivering judgment in a suit involving Dunes Investment and Global Services Ltd, AMAC and the Federal Capital Territory Administration.
In the ruling, the court granted a perpetual injunction restraining AMAC from further issuing demand or abatement notices to the applicant or any other person regarding medical certificates of fitness, training, or screening of food handlers within the Federal Capital Territory.
The dispute arose after Dunes Investment and Global Services Ltd filed a preliminary objection challenging an interpleader summons initiated in the case.
The company argued that the issues raised had already been determined in an earlier judgment delivered by Justice Yusuf Halilu in a separate case between Devyani International Nigeria Ltd and AMAC.
According to the applicant, the earlier judgment had clearly defined which authority is empowered to assess payments and issue medical certificates of fitness to food handlers in the FCT.
Delivering the ruling, Justice Bature held that the previous judgment had already clarified the roles of AMAC and the FCTA in regulating food handlers, making the fresh action unnecessary.
The court also cited provisions of the National Policy on Food Safety Implementation (2014), which assigns state ministries of health the responsibility of coordinating and supervising food hygiene and safety activities within local government areas.
Justice Bature consequently ruled that AMAC’s issuance of demand notices and other directives on medical fitness certification and training of food handlers was inconsistent with existing legal provisions.
The judge further held that the council’s actions amounted to disobedience of an earlier judgment delivered on July 12, 2023, in another related suit.
In addition to restraining the council, the court ordered AMAC to refund N1.222 million to Dunes Investment and Global Services Ltd, representing payments made between January 20 and June 13, 2023, following demand notices issued for food handlers’ medical tests and certificates.
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