|
Govt Seeks Merger of
MRA, NPAN Suits on Press Council
After one year of silence, the Federal Government is asking
the Federal High Court in Lagos to merge two suits instituted against it
by Media Rights Agenda (MRA) and the Newspapers Proprietors Association of
Nigeria (NPAN) over the Nigerian Press Council.
The Government is claiming in a motion to consolidate that
“the interest of justice” demand a merger of the two suits as they are
based on the same questions of law and fact.
The applicants in the first suit, filed under the
Fundamental Rights (Enforcement Procedure) Rules of 1979, in July last
year, are the Incorporated Trustees of MRA and Mr. Osaro Odemwingie, the
organization’s Publications Officer. Named as Respondents are the
Attorney-General of the Federation and Minister of Justice, the Clerk of
the National Assembly, and the Executive Secretary of the Nigerian Press
Council.
In the second suit, brought by Originating Summons in
November last year, Mallam Ismaila Isa, publisher of the Democrat
newspaper and President of NPAN; Mr. Sam Amuka, publisher of the
Vanguard newspaper; Mr. Ray Ekpu, the Chief Executive Officer of
Newswatch magazine; Mr, Ajibola Ogunshola, publisher of The Punch
newspaper; Mr. Nduka Obaigbena, publisher and editor-in-chief of
ThisDay newspaper; and Mr. Lade Bonuola, Managing Director of The
Comet newspaper; are suing on behalf of themselves and other members
of NPAN. Named as defendants are the President, the Attorney-General, the
Minister of Information, and the National Assembly.
In its suit, MRA asking the court to declare the Nigerian
Press Council (Amendment) Decree No. 60 of 1999 unconstitutional, null and
void and restrain the Government from implementing it.
It is contending that the decree, promulgated by the
military government of General Abdulsalami Abubakar on May 26, 1999 -
three days before it handed over power to a democratically elected
civilian government - violates the right freedom of expression guaranteed
by Section 39 of the 1999 Constitution and Article 9 of the African
Charter on Human and Peoples’ Rights.
Specifically MRA is seeking:
·
A declaration that Decree No. 60 of 1999,
particularly Sections 26B (1) & (2), 26D (1) & (2), 26 F (1) & (2), and 26
G [(1) (a-b) & (2)], is unconstitutional, null and void as it violates
their fundamental rights as guaranteed by Section 39 of the 1999
Constitution and Article 9 of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation
of Nigeria 1990;
·
A declaration that the Decree, particularly
Sections 26B (1) & (2), 26D (1) & (2), 26 F (1) & (2), and 26 G [(1) (a-b)
& (2)], is inconsistent with the provisions of Section 39 of the 1999
Constitution and is therefore null and void by virtue of its
inconsistency; and
·
An order of perpetual injunction restraining
the respondents, or their agents and servants, from giving effect to the
provisions of the Decree, particularly Sections 26B (1) & (2), 26D (1) &
(2), 26 F (1) & (2), and 26 G [(1) (a-b) & (2)].
Stating the grounds for the suit, MRA observed that the
Decree derogates from the its fundamental rights to freedom of expression
in a manner not permitted by Section 39 (1) & (2) of the 1999 Constitution
and Article 9 of the African Charter and imposes restrictions on the
enjoyment of this right, contrary to the provisions of Section 39 (1) and
(2) of the Constitution.
It noted the stipulation in Section 1(3) of the 1999
Constitution that the Constitution is supreme over any other law and shall
prevail in the event of any inconsistency, while that other law shall, to
the extent of the inconsistency, be void. In addition, it said, Section
315(3) of the Constitution preserves the powers of a court of law to
declare unconstitutional, null and void provisions of any existing law
which is inconsistent with any provision of the Constitution.
In a 27-point affidavit in support of the motion, deposed
to by Mr. Odemwingie, MRA noted that the Decree was an attempt to
re-introduce the obnoxious provisions of the Newspapers Decree No. 43 of
1993, now repealed by Newspaper (Repeal) Decree No. 57 of 1999,
particularly as Decree 60 authorizes the Nigerian Press Council, a
governmental body, to register newspapers, magazines and journals and
stipulates that such registration shall be renewable every year.
It argued that the discretion whether or not to register a
newspaper, magazine or journal under the Decree, which lies with the
Nigerian Press Council, posed a great danger to the constitutionally
guaranteed rights of the organization to own, establish and operate any
medium for the dissemination of information, ideas and opinions as well as
its rights to receive and impart ideas and information without
interference.
MRA also complained that the Decree introduced a range of
penal and pecuniary sanctions which are designed to undermine the
independence of the news media generally and in particular, owners and
publishers of newspapers, magazines and journals, such as the Media
Rights Monitor, a journal published by MRA, and subject them to the
control of an executive body.
Its suit, filed by Mr. Tayo Oyetibo,
|
