Court Summons Aganga, SON as Lafarge Cement Challenges New Cement Standard

A Federal High Court in Abuja has ordered the Minster of Industry Trade and Investment, Mr. Segun Aganga and the Standards Organisation of Nigeria (SON) to appear before it  on June 10 to show cause why they should not be restrained from enforcing the new cement standard.

Justice Ahmed Mohammed made the order in a ruling on an ex-parte application filed by Lafarge Cement WAPCO.

Counsel for Larfarge WAPCO, Prof. Taiwo Osipitan (SAN), had via an ex parte application filed on May 28, 2014, urged the court to restrain the defendants from enforcing the new cement standard.

Osipitan, while arguing the application, insisted that the defendants had no power to force his client to manufacture according to the new standard because due process was not followed in introducing it.
He added that the licence his client obtained for the manufacturing of the former All Purpose 32.5 cement still had up till August 2016 before expiration.

The lawyer said: “There was no notice from SON to vary standard. All we had was a letter written on behalf of the Director-General of SON that they had set up a technical committee, and the next thing we heard was an advertisement.

“The Larfarge WAPCO cement had been in use for 50 years. We still have till 2016, two years and two months, to continue to produce what we have been licenced to produce.”
He said the court should therefore prevent the two defendants from enforcing the provisions of sections 3, 4, 5 and 6 of the SON Act, which create the offences relating to manufacturing of substandard products.

According to him, Section 16, 17, 18, of the SON Act gave the power to the DG to enter into any premises to enforce compliance with the standard they have purportedly set.

But Justice Mohammed refused to grant the ex-parte application, but ordered that the processes should be converted to a motion on notice and be served on the defendants.

He ordered that the defendants should in turn appear in court at the next hearing date to show cause why the prayers of the plaintiff should not be granted.
He adjourned till June 10.