Max Health has filed a committal-to-prison motion against H-Medix and Pharmacy Council of Nigeria (PCN), FCT Chapter’s Chairmen, over the alleged outlet opening in LifeCamp, Abuja.
This is according to proceedings disclosed on Monday before Justice Obiora Egwatu of the Federal High Court, Abuja, during a resumed hearing in the ongoing Max Health lawsuit.
The development is the latest 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.
What they are saying
At Monday’s proceedings, 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 LifeCamp outlet in November 2025.
He argued that the outlet is already a 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 Chairmen 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 LifeCamp outlet during the pendency of the case.
The claimant also asked the court to reverse any approvals allegedly issued for the outlet’s opening at a LifeCamp filling station location.
In addition, Max Health accused the FCCPC of indulging H-Medix and failing to conduct what it described as a proper investigation into the dispute.
More details from the legal dispute
In an affidavit supporting the motion, the CEO of Max Health stated that her solicitors had issued formal warning notices to the PCN and H-Medix after receiving indications that the company intended to open a pharmaceutical outlet in LifeCamp District.
She urged the court to restrain the PCN, the Federal Capital Territory Administration (FCTA), and H-Medix from continuing operations at the outlet pending the final determination of the suit.
Responding, counsel to H-Medix, Fredrick Itula, SAN, told the court that he was served with the committal motion earlier that same morning.
He drew attention to a preliminary objection already filed challenging the competence of the suit and requested time to respond, urging the court to consider all pending processes in “the interest of fair hearing.”
Counsel to the FCCPC and the PCN were absent from court.
Commenting briefly, Justice Egwatu said, “When we get to that bridge, we will cross it,” while cautioning counsel against taking steps that could portray the court as unserious.
The matter was adjourned to February 9, 2026, for mention.
Why this matters
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.
What you should know
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 defendants in the suit include the FCCPC, PCN, Pharm. Salamat Orakwelu, the FCTA, Pharm. Boniface Ikwu, and H-Medix Pharmacy Limited.
In its statement of claim sighted by Nairametrics, Max Health alleged that more than 11 mega outlets were approved for H-Medix in Abuja despite regulatory directives discouraging monopoly and unfair competition.
H-Medix, represented by Fredrick Itula, SAN, maintains that it complies fully with regulatory requirements, employs over 100 licensed pharmacists, and undergoes regular PCN inspections and licence renewals.
The FCCPC has stated that it does not stop legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act (FCCPA) 2018.
