TOTAL (NIG.) LTD. & ANOR V. WILFRED NWAKO & ANOR
August 4, 2025DR. A.A. NWAFOR ORIZU V. FRANCIS E.A. ANAYAEGBUNAM
August 4, 2025Legalpedia Citation: (1978-05) Legalpedia (SC) 61113
In the Supreme Court of Nigeria
Fri May 12, 1978
Suit Number: SC. 176/1976
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MOHAMMED BELLO, JUSTICE, SUPREME COURT
PARTIES
1. PHARMACISTS BOARD OF NIGERIA
2. MR. A.O. SONUBI
3. MISS L.V. NYLANDER
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
REGISTRATION OF PREMISES UNDER THE POISONS AND PHARMACY ACT
SUMMARY OF FACTS
The respondent applied for registration of two premises for dispensing and selling drug and poison. The name of the chemist who will be in control was already registered against another premise.
HELD
The court allowed the appeal and held that the appellant was right in refusing to register the premises.
ISSUES
Whether the Act, as it stands, allows a registered dispenser or chemist to be in personal control of more than one business premises where drugs are sold or whether each premises must have one registered chemist in personal control of it.
RATIONES DECIDENDI
CONSIDERATIONS FOR REFUSING A COMPANY REGISTRATION UNDER THE POISONS AND PHARMACY ACT
a body corporate “carrying on a business which comprises the dispensing or selling of any drug or poison” … can be prevented “from carrying on such business by refusing registration of any of the premises of such company which is not “under the direct personal control and management of a superintendent who is a selling dispenser or chemist and druggist.”-Fatayi- Williams J.S.C.
DUTY OF A REGISTRAR IN RESPECT OF KEEPING PROPER REGISTER OF PREMISES IN WHICH AN INCORPORATED COMPANYS BUSINESS IS CARRIED ON
the Registrar, in order to keep a correct and proper register of premises in which an incorporated companys business is carried on, must be deemed to have the ancillary power to make sure that the person shown in his register as having personal control of the premises is actually in “direct personal control and management” as required by the Act- Fatayi- Williams J.S.C
CASES CITED
STATUTES REFERRED TO
The Poisons and Pharmacy Act (Cap. 152 of the Laws of the Federation) as amended by the Pharmacists Act (No. 26 of 1964)
