The Federal Capital Territory, FCT, High Court has confirmed the legal authority of area councils to handle sanitation and health inspection matters.
The court presided by Justice Y. Halilu made the declaration on May 21, 2026 in respect of the ex-parte Motion No. M/7935/2026 filed by the applicant, H-Medix Pharmacy Ltd, on March 13, 2026.
The declaration quashed criminal proceedings initiated by the FCT Administration Health and Human Services Department against the applicant at various magistrate courts, pending the determination of the Motion on Notice for judicial review.
The court, in the ruling, also restrained any further action against the applicant based on the Public Health Service Act 1958, National Environmental Health Practice Regulations 2024, National Policy on Food Safety, and the National Guidelines for Food Handlers Medical Test 2024.
The applicant had in the motion argued that the FCTA lacked statutory competence to enforce the extant laws. It highlighted the absence of proper jurisdictional facts, adding that policies cannot substitute for enforceable laws, the lack of a statutory fee schedule and violation of constitutional principles.
Reacting to the development, the Global Integrity Crusade Network said the ruling sends a strong message against arbitrary and duplicative demands that have burdened businesses with multiple taxation for the same services in the FCT.
The Global Integrity Crusade Network noted that the ruling aligns with the concerns it raised in April 2026, when it publicly drew attention of relevant stakeholders to the deepening institutional crisis between the FCTA and area councils like AMAC.
The group had highlighted cases of businesses being forced to pay duplicate levies — for instance, making payments to AMAC only to face additional and higher demands from FCTA-linked private consultants.
“Such practices had led to premature prosecutions and created an environment of uncertainty for operators trying to comply in good faith. With this pro-business ruling, the FCT High Court has reinforced the role of Area Councils in managing local environmental sanitation and health inspections pursuant to Section 7 of the 1999 Constitution and the Fourth Schedule thereto,” the Global Integrity Crusade Network noted.
It added that the judgment effectively puts an end to the regulatory harassment and overlapping enforcement actions legitimate businesses in Abuja have endured.
