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MRA Seeks Enforcement Of African
Commission’s Verdict On Decree 43
LAGOS, MONDAY, MARCH 15, 1999:
Media Rights Agenda (MRA) has filed a suit at the Federal High Court in
Lagos seeking to compel the Federal Government to repeal the controversial
Newspapers Decree No. 43 of 1993, in compliance with the decision of the
African Commission on Human and Peoples’ Rights in Banjul, The Gambia.
In an Originating Summons filed on its behalf by its Legal
Officer, Mr. Maxwell Kadiri, MRA is asking the court to give effect to the
decision of the African Commission which held that the provisions of the
Decree violate the guarantees of freedom contained in Article 9 of the
African Charter on Human and Peoples’ Rights.
The Commission had also asked the Government to take all
necessary steps to bring its laws in conformity with the provisions of the
African Charter on Human and Peoples’ Rights
Named as respondents in the suit are the Attorney-General
of the Federation and the Provisional Ruling Council (PRC).
Specifically, Media Rights Agenda, an organization
registered under the Companies and Allied Matters Act of 1990 and having
Observer Status with the African Commission, is asking the court to
determine the following questions:
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Whether, having regard to Section 1 of the African
Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act
(Cap. 10, Laws of the Federation, 1990), the Federal Government of
Nigeria, and in particular the PRC or its privies and successors are
obliged to ensure that the laws of Nigeria are in conformity with the
provisions of the African Charter made in Banjul, The Gambia, on January
19, 1991.
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And if the above question is answered in the affirmative,
whether, having regard to the decision of the African Commission made at
its 24th ordinary session held in Bajul from October 22 to
31, last year in respect of Communications 105/93 and 130/94, which were
lodged by MRA against the Nigerian government, the PRC or its privies
and successors are obliged to repeal the Newspapers Decree No 43 of
1993, or amend it to bring its provisions in conformity with the African
Charter.
The organisation is also seeking:
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A declaration that by virtue of Section 1 of the African
Charter on Human and Peoples Rights (Ratification and Enforcement) Act
(Cap 10, Laws of the Federation, 1990), the Federal Government and, in
particular, the PRC or its privies and successors are obliged to ensure
that the laws of Nigeria are in conformity with the provisions of the
African Charter.
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A declaration that by virtue of the decision of the
African Commission made at its 24th Ordinary Session, the
Federal Government of Nigeria and, in particular, the PRC, or its
privies and successors are obliged to repeal the Newspaper Decree No 43
of 1993, or amend it to bring its provisions in conformity with the
African Charter; and
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An order of mandatory injunction compelling the Federal
Government and, in particular, the PRC or its privies and successors, to
repeal the Decree or amend it to bring its provisions in conformity with
the African Charter.
Stating the facts leading to the suit, MRA said on August
16, 1993, the Federal Military Government announced the promulgation of
the Newspapers Decree No 43 of 1993. By Section 7 of the Decree, the
Government made it an offence punishable with either a fine of N250,000 or
imprisonment for a term of seven years or both for a person to won,
publish or print a newspaper not registered under the Decree.
MRA noted that under the Decree, the decision whether or
not to register a newspaper is vested exclusively in the Newspapers
Registration Board established by the Decree and that compliance with the
formal pre-registration requirement stipulated in the Decree does not
guarantee registration of a newspaper.
This is because the Newspapers Registration Board has an
unfettered and exclusive discretion to decide whether the registration of
newspaper is ‘justified having regard to the public interest’.
MRA also observed that there are provisions or procedures
for challenging the Board’s decision not to register a newspaper.
MRA complained that although the Decree was released by the
Federal Government on August 16, 1993, it was made to take effect
retroactively from June 23, 1993 while it stipulated that persons who
intend to own, print or publish newspapers in Nigeria are obliged to apply
for registration within three weeks of the commencement of the Decree
(that is, by July 14, 1993) after complying with the pre-registration
requirements.
By this provision, MRA said, the Government made all
newspapers in Nigeria ‘illegal’ and all owners, printers and publishers
liable to be arrested, detained and prosecuted from the commencement of
the Decree.
In consequence of the above, MRA, stated, it filed some
complaints before the African Commission including those listed as
Communication nos 105/93 and 130/94 where it contended that the
promulgation of the Decree violates Articles 7 and 9 of the African
Charter, which Nigeria has signed and ratified vide the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap. 10,
Laws of the Federation, 1990).
According to the organization, at its 24th
ordinary session held in Banjul from October 22 to 31, 1998. the African
Commission gave its verdict on the complaints. It held that certain
provisions of the Decree No. 43 of 1993 violate Articles 7 and 9 of the
African Charter and requested the Nigerian Government to take all steps
necessary to bring its national laws into conformity with the Charter.
But MRA complained that since the decision of the African
Commission, and up to the time of filing the Originating Summons, the
Federal Government had taken no steps to repeal or modify the Decree as
requested by the African Commission, which necessitated the filing of the
suit.
Hearing is yet to commence in the suit.
Contact:
Maxwell Kadiri
Legal Officer
Media Rights Agenda
Telephone: 01-4930831
Facsimile: 01-4930831
E-mail:
mra@rcl.nig.com |
