ABUJA, Nigeria — The Competition and Consumer Protection Tribunal (CCPT) don reject proposed settlement wey Nigerian Bottling Company (NBC) and Federal Competition and Consumer Protection Commission (FCCPC) bring come. For Monday, the tribunal uphold the FCCPC fine of ₦190 million against NBC for misleading labeling wey dey affect Coca-Cola products.
Justice Thomas Okosun and him three-member panel deliver this judgment after NBC try to enter settlement after dem don finish final written arguments, and the tribunal don reserve judgment. NBC lawyer, O. Ogunride, tell the tribunal say dem don reach agree terms and dem want make dem adopt am as consent judgment. But FCCPC lawyer, Abimbola Ojenike, confirm the agreement, but Okosun talk say such settlement no fit hold ground for this stage of the case.
Okosun talk say, “The notion of arrest of judgment is unknown to Nigerian law,” adding say submitting settlement after dem don reserve judgment fit undermine the FCCPC’s position as regulator. E say, “The tribunal cannot indulge in private compromises; we must uphold our constitutional duty to the public.”
The case come from FCCPC allegations against NBC say dem dey mislead consumers with their “Original Taste, Less Sugar” Coca-Cola variant by claiming say e get same formulation as the “Original Taste” version. NBC admit say dem get labeling error on Limca Zero Sugar product, but dem explain say na production mistake for their Abuja factory.
NBC defend themselves say the mislabeling na accident and dem appeal to nullify the fine. Their lawyer, Senior Advocate Oluseye Opasanya, argue say FCCPC exceed their powers and no provide evidence from all NBC factories for Nigeria, just Abuja plant.
However, the tribunal dismiss NBC appeal, concluding say NBC violate several sections of the Federal Competition and Consumer Protection Act. Okosun say, “NBC’s actions were misleading and inconsistent with Nigerian law.” E uphold the legality of the ₦190 million fine, say e dey comply with both the FCCPA and the 1999 Constitution.
Tribunal don give NBC 60 days from judgment date to pay the ₦190 million fine. Meanwhile, Coca-Cola Nigeria Limited (CCNL) still get another case before the tribunal wey dey tie to another ₦186.6 million penalty wey concern their marketing and labeling activities. Both CCNL and NBC don dey get temporary reprieve from enforcement actions while dem wait for the outcome of their appeals.
