H‑Medix Challenges Max Health’s Contempt Motion Over Abuja Outlet Dispute
Pharmacy chain H‑Medix has filed a counter‑affidavit opposing Max Health’s committal‑to‑prison motion over the alleged commissioning of its Life Camp outlet in Abuja.
In documents filed before the Federal High Court, Abuja, by its counsel Fredrick Itua, SAN, H‑Medix argued that there is no subsisting court order restraining it from operating within Life Camp or anywhere in Nigeria. The company’s Finance Manager, John Polycarp Mommi, deposed that the pharmacy remains lawfully registered and compliant with regulatory approvals.
Itua submitted that where jurisdiction is challenged, the court cannot entertain interlocutory applications such as committal proceedings until jurisdiction is determined. He further contended that Max Health’s application lacked the strict procedural requirements for contempt, noting that no court order had been served, nor were Forms 48 and 49 issued against H‑Medix.
The defence accused Max Health of attempting to use intimidation to secure reliefs not yet granted by the court, urging dismissal of the motion for lack of merit.
Max Health, represented by Ola Olanipekun, SAN, had argued that H‑Medix commissioned its Life Camp outlet in November 2025 despite the pendency of the suit, thereby tampering with the subject matter of litigation. The motion specifically challenges the approval allegedly granted by the Pharmacists Council of Nigeria (PCN) and the subsequent operation of the outlet.
The case, which also involves the FCCPC, the FCTA, and other defendants, raises significant issues around regulatory oversight, competition law, and the limits of business expansion in Nigeria’s pharmaceutical sector. Its outcome could redefine how regulators interpret monopoly, dominance, and fair competition in the healthcare retail space.
