By AKEEB ALARAPE
As the substantive suit in the legal battle between the Newspapers Proprietors Association of Nigeria (NPAN) and the Advertisers Practitioners Council of Nigeria (APCON) subsists at the Court of Appeal, the NPAN has dragged the latter to court again over alleged harassment of its members.
The Newspapers Proprietors had instituted a suit on November 1, 2011, through its Counsel, Mr. Tayo Oyetibo (SAN), on the constitutionality or otherwise of APCON powers to regulate the activities of media employees.
In the suit, NPAN had contended that the powers of APCON as captured in Articles 21 and 137(a) of the Nigerian Code of Advertising Practice and Sales Promotion, under which APCON had sought to vet the advertisement of media houses, violated the provisions of the constitution.
It also stated in its submission that the Articles violated the freedom of expression of its members as well as the freedom to hold opinion, as guaranteed under Section 39 of the Constitution.
Although, APCON had challenged the jurisdiction of the court to hear the matter, which it eventually won, the Newspapers Proprietors had approached the appellate court to upturn the decision, which was still pending.
But in a fresh Motion on Notice filed by NPAN and brought pursuant to Order 4 Rules 10 and 11 and Order 7 Rule 4 of the Court of Appeal Rules 2011, the Newspapers Proprietors sought the orders of the court restraining APCON from harassing any of its 24 members by relying on Article 21 of the Nigerian Code of Advertising Practice and Sales Promotion. Joined in the Motion on Notice was the Inspector General of Police.
The motion, dated 31 July 2013, sought, among others: "An order restraining the Respondents whether by themselves, their servants, agents or privies from continuing to rely on Article 21 of the Nigerian Code of Advertising Practice and Sales Promotion or any other related enactment to threaten, harass, coerce, solicit, persuade or otherwise, howsoever interfere with the rights of the members of the Applicant, the particulars of which members are set out in the schedule, to publish advertisement, pending the hearing and determination of this appeal against the decision of the lower Court delivered in Suit No FHC/L/CS/1067/12: (NPAN V. APCON & ANOR) in which the constitutionality of the Article formed the subject matter."
NPAN also sought an order of the court restraining APCON from relying on Article 21 of the Code to compel its members to submit their advertisement for vetting and approval.
The motion, which was supported by 23-paragraph affidavit, deposed to by one Adefela Adejuwon, a legal practitioner at the chambers of Tayo Oyetibo and Co, justified the fresh motion, alleging harassment of Leadership Newspapers by APCON.
"Despite the pendency of this appeal, the 1st Respondent (APCON) purporting to act pursuant to the provisions of the said article wrote a letter to the Leadership Newspaper one of the members of the Applicant in which it directed the Appellant to comply with the provisions of the said articles 21 of the Code the constitutionality of which the Applicant is challenging in Court.
"The 1st Respondent also wrote to the clients of the Leadership Newspaper, one of the members of the Appellant dissuading them from placing advertisement with the newspaper.
Via: Sun News Online