FG vs Coca Cola, NBC: Court fixes Nov.4 for hearing

The Federal High Court 8, Abuja, under Justice E.S. Chukwu, has fixed Tuesday, November 4 for the hearing of the suit filed by the Federal Government against Coca Cola Nigeria Limited and Nigeria Bottling Company Limited for alleged violation of the Consumer Protection Council Act.

  The Global soft drink giant, Coca Cola Nigeria Limited, and its Nigeria franchise bottler, Nigeria Bottling Company Limited, are currently facing prosecution for allegedly violating the orders of the Council, which were given to ensure compliance with laid down safety standards and regulations and enhanced consumers’ welfare.

This was after an administrative panel set up to investigate a consumer complaint regarding two half-empty cans of Sprite manufactured by Nigerian Bottling Company (NBC) Limited under the licence and authority of Coca Cola Nigeria Limited found them culpable.

If found guilty, the Chief Executive Officers of both companies risk a jail sentence, ranging from three to five years, according to the Nigeria Consumer Protection Council Act.  As part of the Administrative Panel’s recommendations, CPC, a parastatal under the supervision of the Ministry of Industry, Trade and Investment, had ordered Coca-Cola Nigeria Limited and the Nigerian Bottling Company, to subject their manufacturing processes to its inspection for a period of 12 months to ensure compliance with laid down safety standards and regulations, while demanding necessary compensation for the consumer/complainant.

Also, Coca-Cola and NBC were  directed to formulate a shelf-life policy for their products; to review their Consumer Grievance Resolution Policy; supply chain management policy, product traceability policy; and to present written assurances that they would refrain from a continuation of any conduct which is detrimental to the interest of consumers.

In a bold move aimed at ensuring the protection of Nigerian consumers, the Federal Government, last week, dragged the Nigerian Bottling Company (NBC) Limited, Coca-Cola Nigeria Limited and their Chief Executives before a Federal High Court in Abuja for alleged criminal breach of the Consumer Protection Council (CPC) Act.

Documents obtained from the CPC in Abuja on Wednesday, indicated that the Attorney-General of the Federation,  Mohammed Bello Adoke (SAN), in the charges filed before the Federal High Court, Abuja, had preferred a one-count charge against NBC and its Managing Director, and a two-count charge against Coca-Cola Nigeria limited and its Chief Executive, making them liable to jail terms ranging from three to five years, if found guilty.

  The two criminal cases have been listed before Justice E.S. Chukwu of the Federal High Court 8, Abuja.  The Federal Government in the charge against NBC and its Managing Director,  Ben Langat, by the Director, Public Prosecutions of the Federation, on behalf of the Attorney-General of the Federation, alleged that the two accused persons have committed an offence by violating the Orders of the Consumer Protection Council by “deliberately failing, refusing and/or neglecting to comply with the Council’s Orders, duly made and served on you, and thereby committed an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.”

In the first count of the two-count charge against Coca-Cola Nigeria Limited and its Managing Director,  Adeola Adetunji, the Federal Government had alleged that the two accused persons have committed an offence by refusing to “attend the hearing of the Consumer Protection Council held in Abuja, in relation to investigation of violation of product quality standard under the Consumer Protection Council Act, after Summons was duly issued and served on you, and thereby committed an offence contrary to Section 18 of the Consumer Protection Council Act Cap C. 25 of the Federation of Nigeria, 2004 and punishable under the same section.”

In the same vein, Coca-Cola and its Chief Executive, were also charged for violating the Orders of the Council by deliberately refusing to comply with the Order duly made and served on them, thereby committing an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section.

Speaking during a media briefing after the conclusion its investigation, the Director-General, CPC, Dupe Atoki, had stated that while NBC co-operated by providing information to the administrative panel of investigation, Coca-Cola refused to attend and testify.   Atoki disclosed that the panel, after an extensive investigation, substantiated the allegation of product defect and a violation of the Consumer Protection Council’s Act, based on which several recommendations were made and orders thereto issued to Coca-Cola and NBC.