Justice Akintayo Aluko of the Federal High Court, Lagos has restrained Abbott Group of Companies, a multinational pharmaceutical group headquartered in Ireland, from importing a Determine HIV Test Kit into Nigeria.
The company alleged that it executed a distribution agreement with Abbott Group under which it has an exclusive right to import, distribute, advertise, and promote a particular product manufactured by Abbott and/or its affiliates.The Agreement also included the right of Acouns to obtain the relevant statutory licence and permit to bring the product into Nigeria.
However, sometime in 2023, Abbott issued a letter unilaterally terminating the agreement and also refused Acouns’ demand for payment of compensation in line with the terms of the distribution agreement between the parties. Tayo-Oyetibo told the court yesterday that if Abbott was not restrained, it would continue to import the Determine HIV 1/2 Test kit without Acouns’ consent.