SOTONYE DENTON WEST, JCA(Delivering the Leading Judgment): This is an appeal against the ruling of Chukwurah Nnamani J of blessed memory of the Ilorin Federal High Court delivered on Tuesday the 7th day of March, 2006 in which the trial court upheld the respondent's preliminary objection and dismissed the appellant's suit on all grounds of objection.
The Appellant was the plaintiff in the trial court who approached the Federal High Court Ilorin, via an originating summons, and he sought for the determination of the following question:
1. Having regards to the functions and powers of the defendant under and by virtue of section 5 of the National Agency for Food and Drug Administration and Control Act CAP N1, LFN, 2004, whether or not the defendant has jurisdiction to enter, adjudicate or pass judgment on the plaintiff in respect of a matter which the defendant has described as that of a "pass off",
2. Assuming without conceding that the plaintiff's use of the "packaging material/label"…