|
Media Rights Agenda Sues Federal Government Over
Nigerian Press Council (Amendment) Decree
Lagos, Sunday, August 1, 1999:
Media Rights Agenda (MRA) filed a suit at the Federal High Court in Lagos
at the weekend asking it to declare the Nigerian Press Council (Amendment)
Decree No. 60 of 1999 unconstitutional, null and void and restrain the
Federal Government from implementing it.
MRA 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.
The Applicants in the suit, filed under the Fundamental
Rights (Enforcement Procedure) Rules of 1979, are the Incorporated
Trustees of Media Rights Agenda 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.
By a motion ex-parte filed by on their behalf by the
organization’s Legal Officer, Mrs. Ikhiwi Omonkhua, MRA and Mr. Odemwingie
are specifically seeking an order of the court granting them leave to
apply for:
·
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)].
By the motion ex-parte, MRA and Mr. Odemwingie are also
asking the Court to make an order directing that the granting of leave in
the suit should operate as a stay of all the actions relating to the
Decree, and that all processes in the suit meant for service on all the
respondents, be served on the Attorney-General of the Federation and that
such service be deemed as proper service on the Clerk of the National
Assembly and the Executive Secretary of the Nigerian Press Council, the
other respondents.
Stating the grounds of the application, 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.
Contact:
Ikhiwi Omonkhua
Legal Officer
Media Rights Agenda
Tel. & Fax: 01-4930831
E-mail:
mra@rcl.nig.com
|
