By Ameh Ejekwonyilo
Justice Ahmed Ramat Muhammed of a Federal High Court, Abuja, has ordered the Minster of Trade and Investment, Mr. Olusegun Aganga, and the Standards Organisation of Nigeria (SON) to appear in court on June 10, 2014 to show why they should not be restrained from enforcing their new cement standard.
Justice Ahmed Mohammed gave the order in a ruling on an ex-parte application filed by Lafarge Cement WAPCO.
Counsel for Larfarge WAPCO, Prof. Taiwo Osipitan (SAN), had through the ex parte application filed on May 28, 2014, urged the court to restrain the defendants from enforcing the new cement standard.
The lawyer said: “There was no notice from SON to vary standard. All we had was a letter written on behalf of the Director-General (of SON) that they had set up a technical committee, and the next thing we heard was an advertisement.
“The Larfarge WAPCO cement had been in use for 50 years. We still have till 2016, two years and two months, to continue to produce what we have been licensed to produce.”
He said the court should therefore prevent the two defendants from enforcing the provisions of sections 3, 4, 5 and 6 of the SON Act, which create the offences relating to manufacturing of substandard products.
But Justice Mohammed refused to grant the ex-parte application, but ordered that the processes should be converted to a motion on notice and be served on the defendants.
He ordered that the defendants should in turn appear in court at the next hearing date to show cause why the prayers of the plaintiff should not be granted.
He adjourned till June 10.