The Federal High Court in Abuja on Friday, dismissed the objection raised by Rite Foods Ltd, the maker of Fearless Energy Drinks, against a motion filed by Mamuda Beverages Nig. Ltd, the manufacturer of Pop Power Energy Drinks, challenging the court’s jurisdiction.
Justice Emeka Nwite, in a ruling, agreed with counsel to Mamuda Beverages, Chief Offiong Offiong, that when the jurisdiction of a court is challenged, the application must be given priority.
Mamuda Beverages Nig Ltd, the sole defendant in a suit instituted by Rite Foods Ltd, had filed a preliminary objection to challenge the jurisdiction of the court to entertain the matter.
The development occurred after Mamuda Beverages got wind of the ex-parte motion filed by Rite Foods, the plaintiff, over alleged trademark infringement.
The plaintiff had filed the suit marked: FHC/ABJ/CS/705/2025 to contest the production of Pop Power Energy Drinks by Mamuda Beverages over allegations that the drink has striking resemblance with one of its products.
In the ex-parte motion, the plaintiff had sought a preservative order of the court.
When the matter came up on Wednesday, Rite Foods Ltd’s counsel, Boonyamen Lawal, was taken back to see Offiong in court for Mamuda Beverages Nig. Ltd.
Offiong had told the court that though the matter was scheduled for the plaintiff’s ex-parte motion, a preliminary objection was filed on behalf of his client challenging the jurisdiction of the court.
The senior lawyer argued that irrespective of how a party becomes aware of a suit, when it borders on the jurisdiction of the court, the preliminary objection ought to be heard first.
According to him, the principle is well settled that when there is an application affecting the court, this has to be taken first.
Lawal, however, disagreed with Offiong’s submission.
The lawyer said he was only served with the preliminary objection which Offiong filed on Tuesday and would need time to respond, arguing that the motion was not ripe for hearing.
He said that though he did not object when Offiong announced appearance for the defendant, the business of the day was the hearing of their ex-parte motion.
After the two lawyers addressed the court, citing authorities to back their submissions, the judge fixed today for ruling.
Justice Nwite, while delivering the ruling on Friday, held that without jurisdiction, the court cannot validly make an order that would affect the parties.
Citing Supreme Court previous decision, he said it was safer to err on the side of caution by determining the jurisdiction of the court first than to proceed on a matter, having no jurisdiction.
“I wish to state that the issue of jurisdiction is fundamental. It is a live wire of any application,” he said.
The judge said no matter how well a proceeding was conducted, issues of jurisdiction cannot be toiled with by the court.
‘It is not what any court can toil with. It is the root of any matter,” he added.
The judge said that the argument of the counsel to the plaintiff that a preservative order could be heard while the issue of jurisdiction was still pending would be a wrong step.
“In view of this, I am of the view and I so hold that the motion on notice of the defendant should be taken first,” he said.
Justice Nwite subsequently adjourned the matter until May 28 for hearing of the preliminary objection filed by Mamuda Beverages Nig. Ltd.
In the preliminary objection filed by Mamuda Beverages Nig Ltd, it argued that Rite Foods Ltd had filed a similar suit marked: FHC/ABJ/CS/139/2025 before Justice Inyang Ekwo of a sister court.
The defendant said that the case which was instituted on Jan. 28 by the plaintiff via a motion ex parte, motion on notice as well as a writ of summons, had the same parties in the instant suit.
It averred that on Jan 31, Rite Foods’ ex-parte application was granted and the company executed same on Feb. 10.
Mamuda Beverages said the parties subsequently compromised and settled the said suit on terms of settlement dated Feb. 24, and that the said terms of settlement were adopted on March 4 and entered as consent judgment by Justice Ekwo.
It said one of the agreements was that Mamuda Beverages shall effect modifications to the product design of its Pop Power Energy Drinks before resuming production and sale, which it claimed it did.
According to the defendant, the present suit therefore constitutes an abuse of court process in that it seeks to relitigate matters resolved in suit no FHC/ABJ/CS/139/2025.
“The honourable court is functus officio in respect of the subject matter and lacks the jurisdiction to adjudicate the complaints of the plaintiff in this suit,” it argued.
Rite Foods Ltd had, In the suit before Justice Ekwo, sought an order of perpetual injunction, restraining the defendant, whether by itself, distributors or any other person(s) howsoever described, from infringing its registered design.
It urged the court to stop Mamuda Beverages from engaging in the trade or business of manufacturing, supplying, distributing or selling in Nigeria, its “Pop Power Energy Drink..”
