A Federal High Court in Ilorin has struck out a suit brought before it by the Kwara State chapter of the opposition Peoples Democratic Party (PDP) over the issue of political broadcast.
The PDP had approached the court seeking declaration that the resolution of the Kwara State House of Assembly made on the 23rd day of January, 2018 that political programmes wherein one political party criticises activities of another political party should not be transmitted or broadcasted live in any station within the state be declared null and void…
It also sought that the 1st respondent (Kwara House of Assembly) lacks the authority to legislate, advise, direct any activity of Kwarans which is in line with constitutional dictates and an order preventing the 4th respondent (National Broadcasting Commission) from carrying out the threat of seizing practicing license of any media station (in the state) that broadcast live political programme.
Other respondents joined in the suit numbered FHC/IL/CS/8/2018 are the Kwara State Governor (2nd) and Attorney General of Kwara State (3rd).
But the court presided over by Justice N.I Afolabi struck out the case for lack of jurisdiction adding that the application was not properly filed.
A cost of N5,000 was also awarded in favour of the respondents.
Citting the cases of Dairo Vs. Union Bank of Nigeria Plc (2007) LPELR 913 (SC) and Gafar Vs. Government of Kwara State (2007) LPELR – 8073 (SC) Per Onoghen, among others, the court noted that “the summary of all the above facts and authorities cited is that the subject matter of this suit is clearly outside the jurisdictional competence of the court and as such cannot adjudicate on same”.
Reacting to the issue last night, a counsel of the PDP who is also the 1st applicant, Sambo Murtala told National Pilot that although the court sited lack of jurisdiction to entertain the suit, they have achieved what they wanted to achieve.
According to him, “After the judgment of the Federal High Court on the issue, we cannot go to the state High Court. But we are happy that we have achieved what we wanted with the response from the NBC that the state assembly cannot act on the matter. What they have done is just an academic exercise”, he submitted.
