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Cement standardisation: Court to hear suit against SON on January 7

By on December 9, 2014

A Federal High Court sitting in Lagos has adjourned hearing till January 7, 2015 in the suit by little known human rights group, Alliance Against Monopoly (AAM), against the Standards Organisation of Nigeria (SON) over its recent directive to cement manufacturers on industry standard.

Hearing in the matter was stalled due to the absence of the Director-General of SON, who is the first defendant in the case.

Plaintiff’s counsel, Mr. Ogbonnaya Agbafo, told the court that SON’s officials refused to sign for the court processes served on them and prayed the court for a short adjournment to enable him find an alternative means of serving the process on the defendants.

The plaintiff in the suit, is praying the court to declare among others, that SON was strictly bound, and its functions wholly circumscribed by its enabling Act and anything done or proposed to be done by it in contravention of the provisions of that Act was ultra vires its statutory powers and is therefore, null, void and of no effect.

The plaintiff also wants the court to declarate that no industrial standard or prescription under the SON Act can be binding on manufacturers unless such standards or prescriptions are duly declared as binding on manufacturers by the Minister of Industries (or Minister in charge of industries) pursuant to Section 16(7) (a)-(c) of the Standards Organisation Act.

The plaintiff also want the court to declare that the ad hoc Committee of the House of Representatives has no power to validly perform any of the functions which are statutorily conferred on and/or reserved for the Standards Council of Nigeria created under Section 3 of the SON Act with its functions clearly spelt out in Section 4(1) (a) – (e) of the said Act.

The plaintiff is contending that SON’s directive to cement manufacturers on standard arose from the making of the Ad hoc Committee of the House of Representatives and is asking the court to resolve, whether in view of the clear provisions of Sections 3 (1), (2) and 4(1) a-e of the Standards Organisation of Nigeria Act, such an ad hoc committee has constitutional or statutory power to formulate, advise, issue or cause a directive to be issued by SON in respect of national policy on standards, standards specifications, product labeling, quality control or other matters in relation to any industrial product in Nigeria.

It further contended that the proposed new industrial standards on cement was contrary to the spirit and letters of the SON Act and is inimical to the national economy, peace and good governance in society.

It is asking the court to restrain SON and Attorney General of the Federation, first and second defendants respectively from enforcing the directive of the first defendant (SON) to cement manufacturers on product labeling in a manner that is clearly calculated to stigmatise cement grade 32.5mpa.

 

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