NPAN seeks injunction against APCON over harassment of members

The Newspaper Proprietors’ Association of Nigeria (NPAN) has approached an Appeal Court sitting in Lagos seeking an injunction against Advertising Practitioners Council of Nigeria (APCON) from further harassment of its members.

This is sequel to the continuous harassment of NPAN members by APCON and its agents in spite of pending case against APCON on such harassment.

Worried NPAN is, therefore, seeking an order from the Appeal Court restraining the respondents from continuing to rely on Article 21 of its Code or any other related enactment to insist on or otherwise howsoever compel the applicant’s 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.

In October last year, NPAN had dragged APCON to the Federal High Court sitting in Ikoyi, Lagos over harassment and intimidation of the association’s members and their staff. Joined in the suit was the inspector general of police (IGP) as co-defendant.

In the suit, NPAN had sought the declaration of a Federal High Court that Articles 21 and 137(a) of the Nigerian code of advertising practice and sales promotion are ultra vires the Advertising Practitioners Council of Nigeria 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 requires 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 lacks 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”.

Dissatisfied with the judgment, NPAN headed to 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 lacks jurisdiction to entertain same.

Recently, 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 and signed by its president, Nduka Obiagbena, the association called the attention to a High Court judgment 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”.

By: Daniel Obi