Court stays proceedings in N404m suit against GlaxoSmithkline

Justice Stephen Adah of a Federal High Court sitting in Ikeja has stayed proceedings in a N404 million suit instituted by Charles Oben, a Burkina-Faso-based member staff of UBA Plc, against Glaxo- SmithKline Pharmaceutical Nigeria Limited pending the determination of an appeal in the matter.The court had, earlier in its ruling, thrown out the preliminary objection on jurisdiction raised by GlaxoSmithKline Pharmaceutical.The judge held that the court had jurisdiction to hear and determine the matter tagged suit No FHC/IK/CS/16/2010.He referred to section 251(1) (m) of the 1999 Constitution as amended, which provides that the court has exclusive jurisdiction for drugs and poisons.He added that what determined jurisdiction was the claim of the plaintiff and the focal claim of the plaintiff delt with manufacturing and distribution of the drug called 'ZYLORIC,' produced by the defendants.'The plaintiff is seeking the intervention of the court to stop the defendants from producing this drug. There is no other court allowed to do this other than this court. So, it is obvious that this court is seized of the jurisdiction for this case.'Oben had instituted the action against GlaxoSmithKline Pharmaceutical Nigeria Limited and GlaxoSmithKline Plc UK, consequent upon the health complications he suffered after taking Zyloric, a drug manufactured by the defendants, which was prescribed for him by Professor Nebie, his physician in Burkina-Faso.In his statement of claims, the plaintiff prayed for an order of the court directing the defendants to stop the manufacturing and distribution of its Zyloric drug till it satisfactorily established that the drug could no longer result in adverse reactions with the propensity to cause death or permanent disability.
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