Two half-empty cans of sprite land Coca-Cola, NBC in court

The federal government has filed a suit against the Nigerian Bottling Company (NBC) Limited and Coca-Cola Nigeria Limited and their chief executives before a federal high court in Abuja for criminal breach of the Consumer Protection Council (CPC) Act.

According to Mohammed Bello Adoke (pictured), the attorney-general of the federation, FG preferred a one-count charge against NBC and Ben Lamngat, its managing director; and a two-count charge against Coca-Cola Nigeria limited and Adeola Adetunji, its chief executive, making them liable to jail terms ranging from three to five years, if found guilty.

In the charge against NBC and Langat, the director public prosecutions of the federation on behalf of the attorney-general of the federation, alleged that the two accused persons have committed an offence by violating the orders of the Consumer Protection Council by “deliberately failing, refusing and/or neglecting to comply with the Council’s Orders duly made and served on them and thereby committed an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section”.

In the first of the two-count charge against Coca-Cola Nigeria Limited and Adetunji, the managing director, the government alleged that the two accused persons have committed an offence by refusing to “attend the hearing of the Consumer Protection Council held in Abuja in relation to investigation of violation of product quality standard under the Consumer Protection Council Act after Summons was duly issued and served on them and thereby committed an offence contrary to Section 18 of the Consumer Protection Council Act Cap C. 25 of the Federation of Nigeria, 2004 and punishable under the same section”.

Coca-Cola, NBC and their CEOs were also charged for violating the orders of the council by “deliberately refusing to comply with the order duly made and served on them, thereby committing an offence contrary to Section 21 of the Consumer Protection Council Act, Cap C. 25, Laws of the Federation of Nigeria, 2004 and punishable under the same section”.

The two criminal cases have been listed before Justice E.S. Chukwu, Justice of the Federal High Court 8, Abuja and a date is yet to be fixed for the hearing of the cases.

Earlier in the year, CPC found NBC and Coca-Cola culpable following its findings from the administrative panel set up over a consumer complaint regarding two half-empty cans of Sprite manufactured by Nigerian Bottling Company (NBC) Limited under the license and authority of Coca Cola Nigeria Limited.

After the investigation, Dupe Atoki, director of consumer protection council, revealed that NBC cooperated by providing information to the administrative panel of investigation, while Coca-Cola refused to attend and testify.

Atoki disclosed that after an extensive investigation, the panel substantiated the allegation of product defect and a violation of the Consumer Protection Council’s Act based on which several recommendations were made and orders thereto issued to Coca-Cola and NBC.

“CPC, as part of the recommendations, ordered Coca-Cola Nigeria Limited and the Nigerian Bottling Company to subject their manufacturing processes to its inspection for a period of 12 months to ensure compliance with laid down safety standards and regulations, while ordering compensation for the consumer/complainant,” she added.

“Additionally, Coca-Cola and NBC were also directed to formulate a shelf-life policy for their products; to review their Consumer Grievance Resolution Policy; supply chain management policy, product traceability policy; and to present written assurances that they will refrain from a continuation of any conduct which is detrimental to the interest of consumers.”