Broadcasting houses, and have same withdrawal published in all the major National
dailies within the Country.
29. PERPETUAL INJUNCTION restraining the Defendant, its agencies, servants and
privies from further doing anything either by way of official policy, instruction
and/or investigation that will in any way impede against the existence and
operation of a free press in a democratic society which is guaranteed as
fundamental freedoms under ARTICLE XIX of the African Charter on Human and
Peoples’ Rights, ARTICLE 19 of the International Covenant on Civil and Political
Rights, Sections 22 and 39(1) of the Defendant’s Constitution and ECOWAS
PROTOCOL ON DEMOCRACY AND GOOD GOVERNANCE.
Orders Sought by Defendants in their Preliminary Objection:
30. A Declaration that the National Broadcasting commission has power to regulate
its affairs.
31. A Declaration that section 22 of the 1999 Constitution of Nigeria (as amended)
is not justiciable by virtue of section 6(6) c of the Constitution.
32. A Declaration that section 39 (1) of the 1999 Constitution of Nigeria (as
amended) does not fall within the Jurisdiction of this Court by Virtue of section 46
of the said constitution.
33. A Declaration that plaintiffs did not disclose any cause of action.
34. An order striking out the suit of the Plaintiffs/Respondent for want of
Jurisdiction.
35.
Issues for Determination:
1. Whether the Court has Jurisdiction to adjudicate on this case.
2. Whether there is any violation of the Human Rights of the Plaintiffs to Freedom
of Speech/Expression.
LEGAL ANALYSIS:
36. The preliminary objection of the Defendant having been struck out for lack of
diligent prosecution and having not filed any defence, the analysis and decision
will be based on the uncontroverted submission of the Plaintiffs as filed in their
originating application.
1. Whether The Court has jurisdiction to adjudicate on this case.
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