Pfizer vaccine test
FRESH SUIT TRANSFERRED
TO KANO HIGH COURT

From ANDREW OROLUA, Abuja
Posted: Wednesday, July 28, 2010

A FRESH suit filed by 192 victims of the 1996 Kano Pfizer meningitis trovan vaccine test has been transferred by the Federal High Court to the Chief Judge of Kano State High Court of Justice for determination in accordance with its rules and the constitution of the Federal Republic of Nigeria.
Justice Gabriel Kolawole in his ruling yesterday held that the Federal High Court lacks jurisdiction to entertain the fresh claim in which the 192 victims are claiming a further damage of 384 billion dollars from Pfizer Incorporation for draining the victims spinal fluid 14 years ago and concealing same fact.
The judge said that the plaintiffs’ complaint is that of negligent which can be resolved under the law of curt and not drug offence that is covered under the Federal High Court Act.
He said that the transfer order was made under the Federal High Court Act which empowered the court to refer cases of this nature to the appropriate court.
Justice Kolawole said that the order of injunction made on 29 June 2010 restraining the 1st defendant, Healthcare meningitis Trust Fund from conducting DNA test to ascertain the identity of persons that were administered with the drug in 1996 remains instance until the Kano State High Court is ceased of the case.
The court ordered the plaintiff to file their claims as to damage and serve the defendants within 72 hours to facilitate the transfer to Kano High Court before the Federal High Court proceed on long vacation on August 6, 2010.
The filing of a fresh damage became necessary after the court struck out the 3rd defendant Pfizer Specialties Ltd who was served with the writ of summons in United States of America instead of Lagos head office.
Yesterday’s ruling was sequent to issues of territorial and subject matter jurisdiction raised by the judge himself.
Counsel to the plaintiffs Etigwe Uwa (SAN) had urged the court to assume jurisdiction because it was according to him drug related offence.
While on his part counsel to Pfizer Incorporation Anthony Idigbe (SAN) had prayed the court to dismiss the suit since it has found that it lacks jurisdiction to entertain it.
The Federal Government who is also co-defendant had pointed out that the matter was that of negligent and not drug related.
Other defendants are David Odiwo, the Attorney General of the Federation (AGF) and Corporate Affairs Commission.