By Precious Mark
A High Court in Calabar, Cross River State, has dismissed a suit filed against the Pharmacy Council of Nigeria and the Independent Corrupt Practices and Other Related Offences Commission by Dr. Henry Ogbuagu Tita over his arrest and investigation relating to the alleged illegal licensing of pharmacies in Calabar.
The judgment followed legal action instituted by Dr. Tita, who identified himself as the National President of the National Association of Pharmaceutical Technologists and Pharmacy Technicians of Nigeria, challenging what he described as an unlawful arrest and an alleged violation of his fundamental human rights.
According to a statement issued by the Pharmacy Council of Nigeria, the suit, marked HC/25F/2025, was dismissed by the Cross River State High Court after the court found no evidence linking the PCN to the applicant’s arrest by the ICPC.
Dr. Tita had approached the court over his arrest and investigation on allegations bordering on the illegal issuance of licenses and the collection of money for the purported registration of pharmacies.
Delivering judgment on March 31, 2026, Justice U.A. Ibitham held that the applicant failed to establish any connection between his arrest and the Pharmacy Council of Nigeria.
The court agreed with the PCN’s submission that the applicant did not provide sufficient evidence showing that the ICPC acted on behalf of or at the instance of the council.
According to the statement, the court held that it is entitled to act only on cogent, credible, and legally admissible evidence, adding that suspicion and speculation have no place in judicial proceedings.
The court further ruled that the allegations which led to the applicant’s arrest were not baseless and justified reasonable suspicion of the commission of a crime.
It also held that there was no proof that the respondents violated the applicant’s rights under Sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria.
The suit was consequently dismissed.
The council added that it remains focused on promoting a well-regulated pharmaceutical environment for the protection of public health across the country.