The Pharmacy Council of Nigeria (PCN) has urged the Federal High Court, Abuja, to dismiss Max Health’s restraining suit alleging monopoly against H-Medix’s numerous outlets across Abuja, Nigeria’s capital, Nairametrics exclusively reports.
This is contained in a joint statement of defence filed before Justice Obiora Egwatu by the legal team of the PCN, Pharm. Salamat Orakwelu, Chairman of the Pharmaceutical Society of Nigeria (PSN), FCT Chapter, and Pharm. Boniface Ikwu, Chairman of the Pharmaceutical Inspectorate Committee and Director of Pharmaceutical Services, FCTA.
The development is part of a pending multi-million-naira legal battle involving 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 PCN is saying
According to its statement of defence filed by Barristers Tobi Omosa and Odanwu Chizoba of the Legal Unit, Federal Ministry of Health, and exclusively reviewed by Nairametrics, the PCN stated that it is guided by its laws, regulations, and rules regarding the inspection, approval, registration, licensing, and control of pharmaceutical premises, as well as routine monitoring and inspection.
It added that these measures are aimed at maintaining the integrity of medicines, ensuring accessibility to end users, promoting ethical best practices, and guaranteeing the competence of personnel involved in pharmaceutical practice.
- However, the council noted that its mandate does not include price regulation and control.
- The PCN further disclosed that the number of registered, licensed, and operating pharmaceutical premises and pharmacists in Abuja as of December 2024 stood at 1,084, while the number of licensed Patent and Proprietary Medicine Vendors (PPMVs) was 1,336.
The council added that more outlets are still needed to adequately serve the pharmaceutical needs of residents in Life Camp, Abuja, and other parts of the country.
- The PCN argued that several similar pharmaceutical retail outlets operating as megastores have been granted approval by the council under similar circumstances as H-Medix, in line with applicable laws, regulations, and global best practices.
It noted that operators with sufficient capital to run such facilities are able to provide better pharmaceutical services in the interest of public health.
Citing its records, the council listed the following mega outlets and their spread:
- Skylark Pharmacy (12 outlets in Abuja and 13 in other towns)
- Medplus Pharmacy Limited (11 outlets in Abuja and 145 in other towns)
- Bari Pharmacy Nigeria Limited (10 outlets in Abuja and 14 in other towns)
- Health Hub Pharmacy Limited (4 outlets in Abuja and 4 in other towns)
- Bakan Gizo Pharmacy Limited (6 outlets in Abuja and 9 in other towns)
- H-Medix Pharmacy Limited (17 outlets in Abuja and 17 in other towns)
- HealthPlus Pharmacy Limited (2 outlets in Abuja and 82 in other towns)
The council urged the court to hold that the number of facilities operated by H-Medix is far from having any overwhelming effect on the business of Max Health, which, according to the PCN, is located more than two kilometres away, contrary to the claimant’s assertion.
- The council further argued that “the number of pharmacies in all Nigerian states, including Abuja, remains grossly inadequate,” which necessitated the licensing of patent medicine vendors to fill the gap.
- It contended that while the pharmaceutical sector is regulated and subject to registration, licensing, and control requirements, “there is no legal restriction on the number of pharmacy outlets that an individual pharmacist or corporate entity can establish.”
The council stressed that the government has, as a matter of policy, deliberately encouraged investment in the pharmaceutical sector to expand access by establishing more pharmacy outlets across the country.
It, therefore, urged the court to decline jurisdiction on what it described as a “frivolous suit” and to dismiss or strike out the case in the interest of justice.
Nairametrics gathered that the court has fixed April 29, 2026, for further hearing.
Why this matters
The case raises critical questions about 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 establish multiple outlets within the same territory, while a decision favouring H-Medix may affirm the legality of expansion where regulatory approvals have been duly obtained.
Beyond the immediate parties, the outcome could shape how regulators such as 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 Itua, SAN, maintains that it fully complies with regulatory requirements, employs over 100 licensed pharmacists, and undergoes regular PCN inspections and licence renewals.
The FCCPC’s position is that it does not restrict legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act (FCCPA) 2018.
