Spoilt Milk: Citizen Begins Legal Action Against NAFDAC Over Refusal To Release Laboratory Result

(AFRICAN EXAMINER) – A Nigerian Citizen, and provision shop owner in Enugu, Mr. Paul Eze, has begun the process of instituting a legal action against the National Agency for Food Drug Administration and Control, (NAFDAC), over the refusal of it’s South East zonal office to release result of a laboratory investigation the organization carried out on spoilt liquid peak milk he purchased from the open market which he reported to the regulatory body since 2023.

The proposed Plantiff, revealed this in a pre Action Notice he sent to the Director General of NAFDAC in Abuja through a human rights body, Civil Rights Realization and Advancement Network (CRRAN), and made available to our Correspondent on Thursday in Enugu.

The notice signed by president of CRRAN, Barister Olu Omotayo read thus: “we write to you in respect of the above-mentioned matter on behalf of Mr. Paul Eze, of No. 24, Edinburgh Road Ogui, Enugu, whom we shall hereafter refers to as our client.

“We have his instructions and authority to issue this Pre Action Notice” the group added.

“This is to inform you that we earlier wrote a letter to you based on the complaints of some citizens that purchased peak milk on different occasions from our client who had purchased them in large quantities in the open market and they turned out to be spoilt and not good for human consumption.

“The said letter dated 25th January 2023, is attached herewith. On the 8th February 2023, NAFDAC officials from the Enugu Zonal office, visited our client and took away tins of milk of the same batch with the spoilt peak liquid milk, and promised to revert back to him after laboratory test to be conducted on the affected peak milk tins.

“When our client did not get any response from the agency we wrote a letter on his behalf demanding to know the outcome of investigation in respect of his complaint in respect of the this matter.

“The said letter dated 4th August 2023, and titled “DEMAND FOR OUTCOME OF INVESTIGATION IN RESECT OF THIS MATTER:

RE: COMPLAINTS OF CONTINUOS SUPPLY OF SPOILT COAGULATED LIQUID PEAK TIN MILK TO SOUTHEAST MARKET BY FRIESLANDCAPINA WAMCO NIGERIA PLC,” is attached herewith.

According to the rights group, “it should be noted that till date our client has heard nothing from the agency.

We submit that citizens of this country are entitled to know the outcome of their complaints to the Agency.

“This letter is therefore important in compliance with Pre Action Notice requirement before instituting action against the Agency and its officials.

“Be informed also that we intend to take appropriate legal action on behalf of our client as soon as the period of one month stipulated by the Law expires.

“Take notice that the Proposed Plaintiff is: Mr. Paul Eze,

The Proposed Defendant is: 1) Agency for Food and Drug Administration and Control, (NAFDAC).

“The Proposed Plaintiff will seek these Reliefs in the proposed suit. a Declaration that it is illegal for the proposed Defendant to withhold from the Proposed Plaintiff the results of the laboratory test in respect of the spoilt peak milk submitted to the Agency and those taken away from the proposed plaintiffs’ shop.

“An Order of the Honorable Court to Compel the Proposed Defendant to release to the Proposed Plaintiff the laboratory results of its’ investigation into the spoilt milk submitted to it by the proposed Plaintiff.

Also, “N100,000 000 : 00K(One hundred million naira) compensation against the Proposed Defendants for negligence and several tins of Peak Milk carted away from his shop.