Max Health Escalates Legal Battle, Files Committal Motion Against PCN and H-Medix
In a significant escalation of a multi-million naira lawsuit, Max Health has filed a motion for committal to prison against H-Medix and the Chairmen of the Pharmacy Council of Nigeria (PCN), FCT Chapter. The motion was disclosed during proceedings before Justice Obiora Egwatu at the Federal High Court in Abuja, marking a new phase in the contentious case centered on alleged monopoly practices and regulatory approvals in the capital’s pharmaceutical sector.
Max Health’s counsel, Ola Olanipekun, SAN, informed the court that despite the ongoing litigation, H-Medix proceeded to commission a new outlet in the LifeCamp district of Abuja in November 2025. Arguing that the outlet is directly related to the subject of the suit, Olanipekun accused H-Medix of acting in defiance of the court. The filed motion seeks an order for the respondents to show cause why they should not be sanctioned or committed to prison for allegedly tampering with the subject matter under litigation. The motion specifically targets the PCN’s alleged approval and the subsequent operation of the LifeCamp outlet during the case’s pendency.
In a supporting affidavit, Max Health’s CEO, Pharm. Opeoluwa Alaje, stated that formal warnings were issued after indications of the planned opening emerged. The company has urged the court to restrain operations at the outlet and reverse any approvals granted, a move that could significantly impact business expansion plans in the area. Furthermore, Max Health has accused the Federal Competition and Consumer Protection Commission (FCCPC) of indulging H-Medix and failing to conduct a proper investigation. This complex dispute underscores how regulatory oversight and competition can collide, a scenario not unlike when a health minister denies allegations to clarify a public position.
Responding, H-Medix’s counsel, Fredrick Itula, SAN, noted he had just been served and highlighted a pending preliminary objection to the suit’s competence, requesting time to respond in the interest of fair hearing. Justice Egwatu, while cautioning all parties against actions that could portray the court as unserious, adjourned the matter for further consideration. The outcome of this case is being closely watched, as a ruling in favor of Max Health could redefine the limits of competitive practice, proving that in business, a setback is not the end but a pivot point. The proceedings continue as the court navigates these serious allegations.
