The Federal High Court in Abuja has granted Coscharis Motors Limited permission to appeal a judgment that directed the Federal Competition and Consumer Protection Commission (FCCPC) to shut the company’s business premises pending compliance with an order arising from the sale of a defective Range Rover.
Justice Emeka Nwite, in a ruling delivered on Friday, held that Coscharis had demonstrated sufficient legal interest to challenge the judgment in the Court of Appeal.
The case stems from a suit filed by Florence Ozor against the FCCPC over the commission’s enforcement of its decision relating to a Range Rover Sport purchased in 2024.
In May 2026, Justice Nwite ordered the FCCPC to enforce its September 18, 2025 directive by invoking provisions of the Federal Competition and Consumer Protection Act, including shutting down Coscharis’ business premises or imposing an administrative fine until the company complied with the commission’s order.
Coscharis, however, applied for leave to appeal the ruling, arguing that it was removed as a party to the suit without a court order, despite being the company directly affected by the judgment.
The automaker maintained that this violated its constitutional right to a fair hearing.
In his ruling, Justice Nwite held that an applicant seeking leave to appeal must show that its legal rights were substantially affected.
He noted that neither the FCCPC nor Florence Ozor filed any counter-affidavit opposing Coscharis’ application.
“The court is not sitting on appeal over its own judgment. Those questions lie before the Court of Appeal,” the judge said.
He added that the existing judgment clearly made orders against the vehicle vendor and directed the FCCPC to close the company’s premises pending compliance.
According to the judge, the trial court was not required to determine the merits of the proposed appeal but only whether Coscharis had sufficient legal interest to pursue it.
Satisfied that the company met that requirement, Justice Nwite granted Coscharis leave to appeal as an interested party.
In its application, Coscharis argued that it was central to the dispute because it supplied the allegedly defective Range Rover and was the direct target of the court’s enforcement orders.
The company contended that excluding it from the proceedings deprived it of the opportunity to defend itself before orders affecting its business were made.
The FCCPC informed the court that it had already complied with the judgment.
According to the commission, Coscharis delivered a brand-new 2025 Range Rover Sport on June 5, 2026, in line with its earlier directive.
The commission said Florence Ozor was invited to collect the replacement vehicle after paying N58.3 million, representing one-third of the additional N175 million required to upgrade from the 2024 model to the new 2025 model valued at N435 million.
The FCCPC also maintained that it could not be blamed for Coscharis’ non-joinder in the original suit.
The dispute has also generated contempt proceedings against the FCCPC.
Ozor’s lawyer told the court that the commission had been served with Forms 48 and 49, notifying it of alleged disobedience of the court’s orders.
The FCCPC acknowledged receiving Form 48 but argued that Form 49 was not properly served, explaining that what it received was a motion for committal.
The commission also referred the court to its affidavit of compliance filed on July 10, 2026.
Justice Nwite adjourned the contempt proceedings to July 28, 2026, when the FCCPC is expected to show cause.
