DAI Brothers Investment Limited have sued National Agency For food and Drug Administration and control (NAFDAC) for failing to release laboratory test on some contaminated bottles of Aquafina table water.
The company alleged to have been supplied contaminated Aquafina Table water produced by Seven Up Bottling Company Plc have filed a suit before a Federal high court in Lagos, Southwest Nigeria, urging the court to compel NAFDAC to release forthwith on oath, the certificate of report of Laboratory analysis of Aquafina Table water vide the notice of complaint of the applicant.
In an affidavit sworn to by the Managing Director of Dai Brothers Investment Limited, Ibrahim Yaro and filed before the court by a Lagos lawyer Barrister Jerry Omoregie, the deponent alleged that sometimes between November and December 2015, his company purchased Aquafina Table water from Gjonny Enterprises, an accredited distributor/depot of Aquafina Table Water for supplies to the vessel M.T.MARINA one of its major clients.
However, the company was rudely shocked to be informed by the owners of the Vessel M.T. MARINA that the Aquafina Table water supplied was contaminated and some crew members who are foreign nationals of the M. T.MARINA who consumed the said Aquafina Table water and immediately took ill and were evacuated and flown to India for medical treatment.
Mr Yaro alleged further that following a close scrutiny of the Aquafina Table water, it was discovered that the said water contains particles and foreign bodies of black substances.
Thereafter the applicants through its solicitors, lodged a complaint to the Director of NAFDAC in Apapa.
Following the complaint, the men and officers of NAFDAC investigation and the Enforcement Directorate, Apapa, Lagos recovered from the applicants company 22 packs of 150cl Aquafina Table Water.
Upon the recovery of the 22 packs of water from the store of the company, samples were taken of the said water marked and sealed for laboratory analysis by NAFDAC, in the presence of the company and the representative of Seven -Up Bottling Plc.
After the samples were taken, NAFDAC informed the applicants and manufacturer of Aquafina water that the/result certificate of the analysis would be ready within one month of the sample taking.
But the results were not released as promised.
Then DAI Brothers Investment Limited wrote NAFDAC through their solicitors asking the results to be released.
Despite the request by the solicitors, NAFDAC have failed and refused to release the certificate or report of Laboratory analysis of the Aquafina table water.
The solicitors then paid several visits to NAFDAC office demanding that the results be released.
According to DAI Brothers Investment Limited the contamination of the Aquafina Table water caused their company to be blacklisted by the owners of the M. T. MARINA which had over six vessels working in Nigeria
Mr Yaro claimed that following the saga, DAI Brothers Investment Limited’s good business name, image and reputation which have been built over 8 years were greatly damaged.
The applicant contended that unless NAFDAC is compelled by an order of the court to discharge its statutory duty, by releasing the result of the analysis, the applicant cannot be redressed.
That in the interest of justice that the application should be granted.
NAFDAC has not filed any defense to this suit.
Meanwhile the presiding judge, Hadizat Shagari has adjourned till 12th of April,2017 for hearing.
