The Competitors and Shopper Safety Tribunal has dismissed the settlement phrases and consent order involving Coca-Cola Nigeria Restricted (CCNL) and the Federal Competitors and Shopper Safety Fee (FCCPC).
This follows the Fee’s withdrawal of its N186 million mislabeling penalty initially imposed on CCNL over misleading commerce descriptions.
The ruling and judgement had been delivered by the tribunal’s three-member panel, led by Thomas Okosu, on April 30, 2025.
CCNL had appealed the N186 million penalty imposed by the FCCPC over its labeling and advertising and marketing practices, amongst different points, in Nigeria.
Nairametrics beforehand reported that the FCCPC formally accused Coca-Cola Nigeria Ltd and its sister firm of utilizing deceptive commerce descriptions and unfair advertising and marketing techniques for his or her merchandise “Authentic Style” and “Much less Sugar.”
The Fee acknowledged that it discovered NBC making use of allegedly misleading commerce descriptions to the 2 variants and distributing them to shoppers, violating Part 116(3) of the FCCPA.
In its supplementary order, the FCCPC later directed CCNL to pay a penalty of N186,666,666.67 on or earlier than September 6, 2024, for the alleged contravention of related legal guidelines.
In its attraction, CCNL’s authorized workforce, led by Professor Gbolahan Elias (SAN), requested the tribunal to put aside the FCCPC’s orders and restrain the Fee from implementing any provisions of its Remaining and Supplementary Orders in opposition to the appellant.
He argued that Coca-Cola’s claims of procedural unfairness and bias had been unfounded, emphasizing that the corporate had ample alternatives for a good listening to, together with collaborating in investigations, submitting written statements, and attending a number of consultative conferences.
On the resumed judgment on Wednesday, CCNL’s counsel, G. Abubakar, knowledgeable the tribunal that after the listening to on March 18, 2025, the appellant and respondent (FCCPC) continued settlement discussions.
“I need to sincerely apologize to the tribunal for the difficulty of writing the judgment,” he mentioned.
“Each the appellant and the respondent (FCCPC) additionally filed phrases of settlement dated April 24, 2025,” he added, stating that the notices had been filed with the tribunal on April 29, 2025.
Whereas adopting the notices, he argued that the event aligns with the provisions of the FCCPA and different related legal guidelines.
FCCPC’s lawyer, Ojenike, confirmed receiving the paperwork — the phrases of settlement and the discover of the consent order dated April 29, 2025 — from CCNL’s authorized workforce.
“Now we have additionally confirmed the execution of the consent order in a communication from the FCCPC’s Director of Authorized Providers, A.W. Achimugu,” he added.
He famous that the communication mirrored the FCCPC’s intent concerning the event.
In his ruling, Okosu noticed that the phrases of settlement between FCCPC and CCNL weren’t in step with a correct and legally acceptable utility.
“The discover of settlement accommodates arguments irrelevant to the moment case,” he mentioned, noting they referenced an related matter.
“These phrases of settlement will not be supported by legislation nor are they within the public curiosity,” the tribunal mentioned, describing the event as “troubling.”
“The stubbornness within the filings by the events is grave,” the choose acknowledged, as he dismissed the phrases of settlement submitted by the FCCPC and CCNL.
In its judgment, the tribunal held that the FCCPC had constitutionally imposed its findings and the N186 million order on CCNL.
Nairametrics earlier reported that the FCCPC had dedicated to the Competitors and Shopper Safety Tribunal that it will not take any “regulatory or enforcement motion” in opposition to Coca-Cola Nigeria Ltd pending the end result of the corporate’s attraction.
On April 28, 2025, the CCPT had additionally ordered NBC to pay the FCCPC N190 million as a mislabeling penalty.
