By Mohammed Lawal Shuaibu
Daily Trust (Abuja)
25 October 2007
The families of children killed or maimed during a drug test in 1996 have appealed to an Abuja high court to be allowed to present their stories during the trial.
But lawyers acting for pharmaceutical giant, Pfizer said the move was illegal because they lack representative capacity to be involved and their application does not disclose sufficient interest in the subject matter to enable the court exercise jurisdiction.
The federal government said it would welcome anything that would hasten the process of justice for the drug victims.
The presiding judge, Justice Anwuri Chikere, adjourned to October 29, for hearing. Pfizer yesterday asked the court to throw out the federal government's report which declared as illegal, its 1996 Kano meningitis drug test.
The lawyer representing Pfizer, Mr Anthony I. Idigbe (SAN), said the application to quash the report before the court was on grounds that the panel did not carry out proper investigations on the issue before carrying out the report.
A federal government panel headed by Dr Nasidi Abdussalam of the Federal Ministry of Health had reported in March 2001, that the Pfizer drug test was illegal and responsible for the death of over 11 Nigerians in Kano.
But Pfizer says they were not given opportunity to cross-examine witnesses who gave evidence at the panel and that the report can not form the basis for the federal government's suit against the company.
He said: "even the so called victims had sued the federal government on the drug issue until a kangaroo panel set up by the government forced them to withdraw the suit in 2003."
But the federal government said it would come all out to challenge the multi-national drug company from quashing the report in court. Mr Babatunde Irukera, counsel to the government, said Pfizer is only afraid of anything that could prove the clinical test that killed many Nigerians in Kano illegal.
"It is absurd for Pfizer to think of quashing the Nasidi report in court. The government will contest it because the report was carried out by professionals in health and pharmaceutical sectors. Their fear is that the report will expose their heinous act of using Nigerians as guinea pigs," he said.
The counsel maintained the company is guilty of charges against it and insisted on prosecuting it until they are punished by the law for illegally testing the meningitis drug.
Also, victims were in court yesterday to consolidate the suit against Pfizer but the company said the move was illegal because they lack representative capacity to be involved and that their application does not disclose sufficient interest in the subject matter to enable the court exercise jurisdiction.
The federal government said it would welcome anything that would hasten the process of justice for the drug victims. The presiding judge, Justice Anwiri Chikeri adjourned to October 29 for hearing.
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