By Abubakar Yunusa
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 nation’s capital.
Justice Samira Bature gave the order in a ruling in suit No. FCT/HC/CV/983/2022 involving Dunes Investment and Global Services Ltd, the Abuja Municipal Area Council (AMAC) and the FCT Administration (FCTA).
The Certified True Copy (CTC) of the ruling was made available to newsmen in Abuja on Thursday, by Ogenna Alex Ibe, counsel to the 2nd respondent
Peoples Daily reports that Dunes Investment and Global Services Ltd had filed a Notice of Preliminary Objection on Nov. 25, 2025, urging the court to strike out an interpleader summons filed on March 22, 2022, on grounds that it was incompetent and constituted an abuse of court process.
The company argued that the issues raised in the interpleader summons 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 on Feb. 14, 2025.
According to the applicant, the earlier judgment clearly determined which authority is empowered to assess, receive payments and issue medical certificates of fitness to food handlers in the FCT.
It argued that the interpleader summons was an attempt to relitigate issues already decided by a court of competent jurisdiction.
“The honourable court is functus officio on the matters raised in the interpleader summons and therefore lacks jurisdiction to reopen issues already decided upon.
“The interpleader summons constitutes a gross abuse of court process,” the preliminary objection stated.
In her ruling, 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 added that the court also examined the counter-affidavit and written address filed by the respondents.
The judge noted that the objector attached the judgment of Justice Halilu as an exhibit to support its argument.
She held that Halilu’s judgment had clearly defined the respective responsibilities of AMAC and the FCTA regarding the regulation of food handlers in the territory.
Bature further cited the provisions of the National Policy on Food Safety Implementation of 2014, which mandates state ministries of health to coordinate and supervise food hygiene and safety activities within local government areas.
The judge consequently held that the issuance of demand notices and abatement notices to the applicant by AMAC in respect of medical certificates of fitness, training and screening of food handlers was contrary to the provisions of the law.
She also held that the actions of AMAC amounted to disobedience of an earlier judgment delivered on July 12, 2023, in suit No. FCT/HC/CV/938/2022.
The court therefore granted an order of perpetual injunction restraining AMAC from issuing further demand or abatement notices to the applicant or any other person in respect of medical certificates of fitness, training, or screening of food handlers in the FCT.
The judge also ordered AMAC to refund N1.222 million to the applicant, being payments made in error between Jan. 20, 2023, and June 13, 2023, in respect of demand notices issued for medical certificates of fitness and food handlers’ tests.
