
The Peoples Democratic Party (PDP) caucus in the House of
Representatives has dragged the Minister of Information, Lai Mohammed, and the
National Broadcasting Commission (NBC) before the Federal High Court in Abuja
to invalidate the controversial 6th broadcasting code.
Attorney General of the Federation and Minister of Justice,
Abubakar Malami is also joined as
defendant in the suit.
The Plaintiffs are caucus leader Kingsley Chinda; his Deputy
Chukwuma Onyema; Caucus Deputy Whip Ajibola Muraina; Mark Gbillah; Tyough
Robert; Bulus Solomon; Rimamnde Shawulu Kwewum; Yusuf Ayo Tajudeen and Onyeman
Chukwuma.
It would be recalled that the Chinda- led PDP caucus is backed by the Uche
Secondus- led national leadership of the PDP but not recognized by the
leadership of the House.
It claimed to have instituted the case on behalf of
“themselves, individually and as representatives of the PDP caucus in the House
of Representatives”.
In the suit filed on their behalf by Barrister Segun Fiki
and Barrister Johnmary Chukwuasi Jideobi, the lawmakers want the court to
determine whether by the provisions of Section 36 (12) of the 1999 Constitution
of the Federal Republic of Nigeria (as amended), the Amended 6th Nigerian
Broadcasting Code enacted/issued by the 1st Defendant which created the
purported offences of “hate speech” and “fake news” and correspondingly
purported to have imposed penalties is not unconstitutional, null and void.
They are also asking the court to determine whether or not,
having regard to the extant provisions of Sections 6 and 23 of the National
Broadcasting Commission Act Cap. N11 LFN 2004, the 1st Defendant has the
statutory power to issue Broadcasting Code and whether the 6th Nigerian
Broadcasting Code purportedly issued is not a nullity and therefore void?
They are also asking the court to determine “whether, having
regard to the extant provisions of Sections 4 (1), (2), (3) & (4), 47 &
58(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
and Order 14 of the Standing Rules of the House of Representatives (Procedure
on Subsidiary Legislation), the 1st and 2nd Defendants have the power or vires
to enact, issue and give effect to or enforce the Amended 6th Nigerian
Broadcasting Code without prior ratification by the House of Representatives of
the National Assembly, and if not, whether the 1st Defendant’s enactment/issuance
and application of the said Amended 6th Nigerian Broadcasting Code is not an
usurpation of the legislative powers expressly conferred on the legislature by
the 1999 Constitution of the Federal Republic of Nigeria (as amended)?
They prayed the court to declare the Amended 6th Nigerian
Broadcasting Code unconstitutional, null and void especially since the said
offences and penalties set out in the code have not been defined and/or
prescribed in any written law by the National Assembly of Nigeria?
They are also asking the court to declare that the 2nd
Defendant (NBC) is the sole authority statutorily empowered in Nigeria to enact
and/or issue Broadcasting Codes throughout the Federation, to the exclusion of
the 1st Defendant and that the 1st Defendant’s enactment of the 6th Amended
Nigerian Broadcasting Code is ultra vires, unlawful, null, void and of no
effect whatsoever.
They also want an order of the court perpetually restraining
the 1st Defendant from further enacting, issuing or enforcing any National Broadcasting
Code.
The suit, which has not been assigned to any court, is
supported by a 15- paragraph affidavit deposed to by one Francis U. Obalim and
a written address dated 9th September, 2020.
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