The Federal High Court sitting in Ikoyi, Lagos has awarded a cost of N20,000 against the News Papers Proprietors Association of Nigeria (NPAN) in a suit the association instituted against the Advertising Practitioners Council of Nigeria (APCON).
In a suit which seems to challenge the legality of the advertising regulatory body especially as it concerns some staff of newspaper houses, NPAN had dragged APCON to court over harassment and intimidation of its members and staff. Joined in the suit is the inspector general of police as co-defendant.
In the suit filed by the chambers of Tayo Oyetibo, NPAN had claimed that the second defendant acting on the orders of APCON has been subjecting its members to interrogation and intimidation with threats of further arrests and prosecution for allegedly violating certain provisions of the first defendant’s code.
The association is therefore seeking a declaration that APCON does not have the power to regulate activities of members of the plaintiff or any of its employees who are not registered members of APCON.
It also believes that the provisions of Articles 21 and 137 of the Nigerian Code of Advertising Practice and Sales Promotion which the first defendant relies on are inconsistent with Section 39 of the 1999 constitution and therefore is unconstitutional, null and void.
Pursuant to the duties imposed on APCON by the Act establishing it, the council enacted the Nigerian Code of Advertising Practice and Sales Promotion. Article 21 of the code provides that “All advertisements except public notices, goodwill messages, obituaries and vacancies shall be presented for vetting and approval by the Advertising Standards Panel (ASP) before exposure. It is mandatory for all media houses to demand the ASP’s Certificate of Approval, which are issued for all approved advertisements”.
On the other hand, Article 137 (a) of the code provides that “A media house which publishes or exposes an advertisement without the ASP’s Certificate of Approval shall be liable to a minimum penalty of N200,000. Sub-section (b) provides that an agency which creates and/or places for publication or exposes an advertisement without ASP’s Certificate of Approval shall be liable to a minimum of N200,000 while (c) says that an advertising practitioner who publishes, exposes or knowingly aids the publication or exposure of an advertisement without ASP’s Certificate of Approval shall be subject to the APCON disciplinary procedure notwithstanding the payment by its client of the appropriate penalty”.
NPAN is also seeking the court declaration that Articles 21 and 137 of the code are ultra vires in so far as the provisions of the articles affect members of the association who do not engage in the practice of advertising.
The association wants a declaration that APCON has no power under the Advertising Practitioners Act Cap A7 Laws of the Federation 2004 to create criminal offences and impose penalties as done in Article 137 of the Nigerian Code of Advertising and as such the said Article 137 (a) (b) and (c) is unconstitutional, null and void.
It is also seeking for a perpetual injunction restraining the first defendant from treating or continuing to treat Article 21 and 137 (a) of the code as valid articles in the code and an injunction further restraining the defendants, whether their servants or agents from implementing, or applying the provisions of the Article 21 and 137 of the code against any members of the plaintiff’s association or their servants, officers or representatives.
However, when the matter came up last penultimate Thursday, the plaintiff and their Lawyer failed to show up in court without a prior notice. Hence, the court entered a N20,000 cost against the plaintiff in favour of the defendant. The matter is fixed for Wednesday for hearing. {jcomments on}
