… On ban of political shortcodes
 |
| Paul Usoro, SAN, counsel to NCC |
As predicted
by ITRealms,
the Nigerian Communications Commission (NCC) has file a stay of execution of
judgment over the suit in which the All Progressive Congress (APC) was claiming
discrimination and was awarded N500m last Tuesday, March 24, 2015.
This follows
a notice of appeal against the judgment of Justice Ibrahim Buba of the Federal
High Court, Lagos that the Nigerian Communications Commission (NCC) violated
the rights of the All Progressive Congress (APC) and awarded N500m as damages
against the Commission.
The legal
counsel to NCC, Mr. Paul Usoro (SAN) who made the application stated in a
motion for stay of execution of judgement, the presiding judge erred in some seven instances.
NCC’s
appeal, ITRealms
gathered was in reaction to the judgement of March 24, 2015.
ITRealms
recalled that APC filed its suit in January challenging the directive of the
NCC contained in its letter of January 19, 2015 advising service providers not
to be partisan in their advertisements and promotions run by them.
According to
APC, this directive violated its fundamental human rights and there after
claimed reliefs including monetary damages principally against the Commission
and five other mobile operators namely, MTN, Etisalat, Glo, Airtel and
Visafone.
Usoro,
therefore pointed out that a notice of preliminary objection of March 2, 2015
challenging the jurisdiction of the Federal High Court, Lagos on the grounds
that the suit disclosed no cause of action against NCC and APC’s claims and
reliefs are alien to the provision of chapter iv of the 1999 constitution, were
ignored by the judge.
The judge
dismissed NCC’s preliminary objection on the grounds that the suit was indeed a
fundamental human right suit, disclosed a cause of action against the
Commission and granted generous damages of N500m to APC.
Usoro said
that the stay of execution of the judgement and injunction are necessary pending
the appeal.
The
Commission secured on Friday March 27, 2015 to settle the records of Appeal
transmission to the Court of Appeal.
He also said
that the stay of execution of judgement is to arrest and stop the colossal
damages granted by the Federal High Court in favour of APC.
Usoro stressed
that it is primarily to prevent APC from going ahead in executing or complying with
the judgement pending the Appeal filed by the Commission.
“Whilst the
injunction pending appeal will restrain the APC and indeed other respondents in
the suit from implementing or enforcing or giving effect howsoever to the
orders of the court as contained in the judgement, pending the determination of
the Appeal filed by the NCC,” Usoro explained.
The Appeal
is on eight solid grounds including that:
·
1. The judge erred in law when he dismissed the Appellant’s notice of
preliminary objection of March 2, 2015; which challenged the competence
of the suit on the grounds that it was unmeritorious;
·
2. The
learned trial judge erred in law when he
said the suit of the APC disclosed cause of action;
· 3.
The
trial court misdirected itself in law and fact when it held that the suit fell
under the context of chapter iv of the Nigerian constitution, of 1999 as
amended;
· 4.
The
trial court erred in law and occasioned grave miscarriage of justice;
· 5.
The
trial judge erred in law when he held that the Appellant has indeed
discriminated against APC,
· 6.
The
learned trial judge misdirected itself in law and on facts when it awarded
N500m damages and compensation for APC.
· 7.
The
judgement is against the weight of evidence and submissions before the trial
court, among others.
Usoro further confirmed that though the appeal has been filed, but there no date yet fixed for the hearing of the stay in an Appeal Court.
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