H-Medix has filed a counter-affidavit against Max Health’s committal-to-prison motion over the former’s alleged outlet opening in Life Camp, Abuja.
- +H-Medix counters Max Health’s committal motion against its Abuja outlet
This is according to H-Medix’s affidavit filed before the Federal High Court, Abuja, by its lawyer, Fredrick Itua, SAN, seen by Nairametrics.
This is according to H-Medix’s affidavit filed before the Federal High Court, Abuja, by its lawyer, Fredrick Itua, SAN, seen by Nairametrics.
Nairametrics recalls that the development is an escalation in the multi-million-naira legal battle filed by Max Health against H-Medix, the Federal Competition and Consumer Protection Commission (FCCPC), the PCN, and others over alleged monopoly practices and regulatory approvals in Nigeria’s capital.
The Finance Manager of H-Medix, John Polycarp Mommi, deposed in the affidavit that there is no subsisting order of the court restraining H-Medix from carrying on its business for which it was registered within Life Camp District or anywhere in Nigeria.
Quoting Itua, SAN, he stated that where jurisdiction is challenged, the court is constrained from entertaining any interlocutory (such as the committal motion) or substantive applications until it has decided on the issue of jurisdiction.
The senior lawyer submitted that, assuming without conceding that his client tampered with the subject matter of litigation before the court, all the conditions precedent for committal to prison are lacking in Max Health’s application.
He highlighted that there is no court order ever issued against H-Medix, no mandatory service of such court order, nor Forms 48 and 49 served on the company.
He accused Max Health of trying to achieve through intimidation what could only be achieved by a lawful court order, adding that the motion is aimed at coercing compliance with reliefs yet to be granted by the court.
He urged the court to hold that Max Health has failed to prove the allegations of contempt and that the procedure adopted is entirely flawed and unknown to law.
He requested the court to confirm that Max Health has not made out a case of contempt against H-Medix and to dismiss the application for lacking merit.
Nairametrics exclusively reports that the pending case has been adjourned for mention.
Recall that counsel to Max Health, Ola Olanipekun, SAN, told the court that despite the pendency of the suit, H-Medix allegedly went ahead to commission its Life Camp outlet in November 2025.
He argued that the outlet is already the subject of litigation and accused the company of acting in defiance of the court.
As a result, Max Health filed a motion on notice seeking an order directing the PCN FCT Chairman and H-Medix to show cause “why they should not be surcharged, indicted, and/or committed to prison for allegedly tampering” with the subject matter of the suit.
The motion specifically targets the alleged approval granted by the PCN and the subsequent opening and operation of the Life Camp outlet during the pendency of the case.
The case raises critical questions around regulatory oversight, competition, and the limits of business expansion in Nigeria’s pharmaceutical sector.
A ruling in favour of Max Health could restrict the ability of large pharmacy chains to roll out multiple outlets within the same territory, while a decision favouring H-Medix may affirm the legality of aggressive expansion where regulatory approvals have been granted.
Beyond the immediate parties, the outcome could shape how regulators like the PCN and FCCPC interpret monopoly, dominance, and fair competition within the healthcare and retail pharmacy space.
As previously reported by Nairametrics, Max Health is seeking an injunction restraining the PCN from approving multiple outlets for H-Medix across Abuja, alleging discrimination and monopolistic practices.
The FCCPC has stated that it does not stop legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act (FCCPA) 2018.
