A Federal High Court in Abuja has referred a N1.6 billion lawsuit filed by Rite Foods Ltd, producers of Fearless Energy Drinks, against Mamuda Beverages Nigeria Ltd to the Chief Judge for reassignment.
This development was revealed on Wednesday when the matter, previously listed before Justice Emeka Nwite, was scheduled for hearing. Despite being item 19 on the cause list, the case was not heard.
Upon enquiring about the matter, Justice Nwite was informed by the court registrar that, as the suit had initially been filed during the Easter vacation, it had been returned to the Chief Judge for reassignment.
Rite Foods Ltd, through its legal representatives led by Oyetola Oshobi and Boonyameen Lawal, brought the action on grounds of alleged trademark infringement.
The claimant is seeking a perpetual injunction to restrain Mamuda Beverages from continuing the production of Pop Power Energy Drinks, which it alleges bear a striking resemblance to its own products.
The writ of summons, marked FHC/ABJ/CS/705/2025 and filed on 14 April before Justice Nwite, names Mamuda Beverages, a Lebanese-owned firm based in Kano, as the sole defendant.
Rite Foods, which holds registered trademark number 38227 and industrial design number NG/DS/NT/2020/1099, is seeking ten reliefs in total.
These include a perpetual injunction barring Mamuda Beverages, its directors, agents, distributors, or any other affiliates from producing, distributing, or selling energy drinks that infringe on its registered trademarks within Nigeria.
The claimant is also seeking an order for the seizure and destruction of all infringing Pop Power Energy Drink products in the possession, custody, or control of the defendant.
Furthermore, Rite Foods is demanding N1 billion in general damages for the harm caused by the alleged infringement, along with N60 million in legal costs.
The company asserts that its “Fearless” energy drink design and packaging were duly registered as industrial designs under the Patents and Designs Act on 24 August 2020. It claims that Pop Power, although sold in a smaller 330ml bottle, imitates its product’s shape, colour, and logo placement, resulting in consumer confusion. It added that some retailers have even referred to the infringing product as “small Fearless.”
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The defendant is said to be manufacturing Pop Power Energy Drinks in significant commercial volumes for public sale.
In response, Mamuda Beverages filed a preliminary objection urging Justice Nwite to dismiss the case on grounds of abuse of court process.
Through its counsel, Offiong Offiong, the defendant argued that Rite Foods had previously filed a similar case FHC/ABJ/CS/139/2025 before Justice Ekwo.
Mamuda Beverages stated that the earlier case, filed on 28 January via a motion ex parte, motion on notice, and writ of summons, involved the same parties.
The company acknowledged that Justice Ekwo granted Rite Foods’ ex parte application on 31 January, which was enforced on 10 February. However, it said both parties reached a settlement, which was adopted as terms of settlement and entered as a consent judgment on 4 March.
“The Honourable Court is functus officio with respect to the subject matter and lacks the jurisdiction to entertain the plaintiff’s complaints in this suit,” Mamuda Beverages argued.
Justice Nwite had initially scheduled the hearing of the preliminary objection for 28 May.
