Harassment of members: NPAN runs to court for protection from APCON

The Newspapers Proprietors Association of Nigeria (NPAN) is seeking Appeal Court protection from the Advertising Practitioners Council of Nigeria’s (APCON) harassment of its members.

NPAN, which is worried on such harassment in spite of the pending case, is also seeking an order to restraining the respondents from continuing to rely on Article 21 of it Code or any other related enactment to insist on or otherwise howsoever compel the applicants members to submit their advertisements for vetting and approval by APCON, pending the hearing and determination of the appeal against the decision of a Federal High Court.

October last year, NPAN dragged APCON to the Federal High Court, Lagos, over harassment and intimidation of the association’s members and their staff. Joined in the suit was the Inspector General of Police as co-defendant.

In the suit, NPAN had sought the declaration of a Federal High Court Articles 21 and 137(a) of the Nigerian Code of Advertising practice and sales promotion are ultra vires the APCON in so far as the provisions of the articles affect members of the plaintiff’s association who do not engage in the practice of advertising.

It also sought a declaration that Article 21 of the Nigerian code of advertising practice and sales promotion, which require that all advertisements except public notices, goodwill messages, obituaries and vacancies shall be presented for vetting and approval by the Advertising Standard Panel (ASP) before publication is inconsistent with provisions of Section 39 of the Constitution of Nigeria and therefore is unconstitutional, null and void.

Dismissing the suit, the judge said that the court lacked jurisdiction to entertain the matter, saying “the plaintiff failed to bring this action properly. The respondent’s objection succeeds. The court lacks jurisdiction to entertain this action and it is hereby dismissed.”

But dissatisfied with the judgement, NPAN headed to the Appeal Court, raising some grounds of appeal and prayed the Appeal Court to set aside the ruling of the high court. On one of its grounds, NPAN faulted the trial judge that it (NPAN) lacks locus standi to institute the action and that the court lacked jurisdiction to entertain same.

Recently, the NPAN frowned at underground attempts by certain individuals to revive the moribund press council, which it regarded as “an official tool to gag the press.”

In a communiqué after its crucial meeting held in Abuja recently and signed by its president, Nduka Obiagbena, the association drew attention to a high court judgement in 2010, which declared the Press Council as unconstitutional.

The association therefore viewed with concern, “the surreptitious move by these officials to bring back, through the back door, the Nigerian Press Council, which a court of competent jurisdiction had declared unconstitutional three years ago.”

It said the “recent moves by some undemocratic elements in the Federal Government, indicate that there are still persons in the government who would rather not have a free and fair press but prefer to take steps to abridge the freedom of the press and the right of the people to have unfettered access to information.”

The association is therefore appealing to the Federal Government to “respect the reasoned judgement on the press council and help deepen our democracy by encouraging the full and complete implementation of the Freedom of Information Act signed into law by President Goodluck Jonathan himself in a signal to the nation and the world that he would run an open government anchored on a free press.”

By: Daniel Obi