Court Adjourns MRA’s Case Against NASS to July 13, 2023 for Adoption of Court Processes

A Federal High Court sitting in Abuja, the Federal Capital Territory has adjourned a case filed by the incorporated trustees of Media Rights Agenda (MRA) challenging the passage of the Protection from Internet Falsehood and Manipulation Bill, 2019 by the National Assembly.

The suit instituted by MRA through its lawyer, Mrs Mojirayo Ogunlana-Nkanga, in an originating summon claimed that the provisions of the Bill particularly clauses 3, 12 and 13 are unconstitutional and that they violate the extant provisions of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 particularly Section 39 and would further deepen the public of corruption in Nigeria as it seeks to gag the press which report untoward practices within public and private circle.

Named as respondents in the suit are the Senate President of the Federal Republic of Nigeria, Speaker of the House of Representatives, National Assembly of the Federal Republic of Nigeria, Senator Micheal Opeyemi Bamidele, Senator Mohammed Sani Musa and Attorney General Federation.

 MRA sought the following prayers: 

1. A Declaration that the legislative reading and attempt by the Senate President, Speaker of the House of Representatives, the National Assembly, Senator Micheal Opeyemi Bamidele, and Senator Mohammed Sani Musa to pass the Protection from internet falsehood and manipulation Bill, 2019 into law is illegal and unconstitutional as provisions of the bill violate the Applicant’s fundamental right to expression and the press as guaranteed by section 39 of the Constitution.

• A Declaration that the legislative reading and attempt to pass the Protection from internet falsehood and Manipulation Bill, 2019 into law by the Senate President, Speaker of House of Representatives, the National Assembly, Senator Micheal Opeyemi Bamidele, and Senator Mohammed Sani Musa is illegal and unconstitutional as provisions of the bill will likely violate the Applicant’s fundamental right to expression and the press as guaranteed by section 39 and 46 of the Constitution of the Federal Republic of Nigeria (as amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement, Act (Cap A29) Laws of the Federation of the Nigeria, 2004.

• A Declaration that the deliberation, Committee meeting, and Public hearing by the Senate President, Speaker of the House of Representatives, the National Assembly, Senator Micheal Opeyemi Bamidele, and Senator Mohammed Sani Musa to pass the Protection from internet falsehood and Manipulation Bill, 2019 into law is illegal and unconstitutional as provisions of the bill will likely violate the MRA’s fundamental right to expression and the press as guaranteed by section 39 and 46 of the Constitution of the Federal Republic of Nigeria (as amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement, Act (Cap A29) Laws of the Federation of the Nigeria, 2004.

• A perpetual injunction restraining the Senate President, Speaker of House of Representatives, the National Assembly, Senator Micheal Opeyemi Bamidele, Senator Mohammed Sani Musa and Attorney General Federation, their agents, officers and/or representatives from further consideration, giving effects and/or passing the protection from internet falsehood and manipulation Bill, 2019 into law as its provisions violate the extant provision of section 39 of the Constitution of the Federal Republic of Nigeria (as amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement, Act (Cap A29) Laws of the Federation of Nigeria, 2004.

• A perpetual injunction restraining all the Senate President, Speaker of the House of Representatives, the National Assembly, Senator Micheal Opeyemi Bamidele, Senator Mohammed Sani Musa and Attorney General Federation, their agents, officers and/or representatives from further deliberating, meeting and/or reading the protection from internet falsehood and manipulation Bill, 2019 with the intention of passing it into law as its provision violates the extant provision of section 39 of the Constitution of the Federal Republic of Nigeria (as amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement, Act (Cap A29) Laws of the Federation of Nigeria, 2004.

• And such other order(s) that the Court may deem fit to make in the circumstance.

The Attorney-General of the Federation in a counter affidavit and notice of preliminary objection argued that contrary to MRA’s claim, the Bill would address the prevalent cases of internet manipulators, fraud, misrepresentation of statement of facts bedeviling the Nigerian Society that has dented the corporate image of the country in the comity of nations. He said further that the bill is not an enacted law and such cannot breach MRA’s fundamental rights.

The Senate President, on the other hand, stated that the bill as a process before the National Assembly cannot be interfered by the court and that the provisions of the bill are justified in a democratic setting as it seeks to safeguard the public health, safety, order and national security.

Other respondents argued that MRA’s main claim is not an enforcement of fundamental rights and urged the court to dismiss the suit.

MRA in its response to their counter affidavit and notice of preliminary objection asked the court to grant its prayers because the suit is not to limit the power given to the National assembly but to protect the citizens of Nigeria from any shackles that want to limit their right to freedom of expression.

The matter which has suffered several adjournments was fixed for adoption on May 9, 2023, however, the suit could not be heard because the court did not sit. The Court thereafter set July 13, 2023 for adoption of court processes filed by parties.