Facts:

In April 1999 the appellant obtained approval from the National Agency for Food, Drug, Administration and Control (NAFDAC) for the registration of the drug VIAGRA with registration No. 04 – 1501. Consequently, the appellant started importing the drugs for sale in Nigeria. In August 1999, the appellant noticed a decline in the sales of the drug following which it conducted an investigation which revealed that the 1st – 3rd Respondents amongst others had without its authorization and the permission of NAFDAC been importing and selling in the Nigerian market VIAGRA tablets not manufactured by the appellants. Consequently, the appellants filed a suit at the Federal High Court. As plaintiff, the appellants sought an order of injunction restraining the 1st – 3rd Respondents from selling in Nigeria VIAGRA tablets not manufactured by it and an award of damages for unlawful interference with its business interest. It was contended on behalf of the respondents that in view of the provisions of the Drugs and Related Products Registration Decree 1993 that it was only the Attorney General of the Federation that had the right to enforce the provision of the Decree, therefore the appellant had no locus standi to institute the suit. The Respondents also contended that the court had no jurisdiction to entertain the suit and that the Statement of Claim did not disclose a reasonable cause of action. In a ruling delivered on the 13th of February 2001, the court struck out the suit on the following grounds: