THE Nigerian Communications Commission, NCC, has appealed the judgement of Justice Ibrahim Buba of the Federal High Court, Lagos, on the ruling that it violated the rights of the All Progressive Congress, APC. Paul Usoro, counsellor to the NCC, had filed a motion for stay of execution of judgement.
Usoro filed a notice of preliminary objection of March 2, challenging the jurisdiction of the Federal High Court, Lagos, to entertain the suit on the grounds that the suit disclosed no cause of action against NCC and that the APC’s claims and reliefs are alien to the provision of chapter iv of the 1999 constitution, were ignored by the judge.
He said the stay of execution of the judgement and injunction are necessary pending the appeal. The stay of execution of judgement was aimed to arrest and stop the colossal damages granted by the Federal High Court in favour of APC.
According to Usoro, it is primarily to prevent APC from going ahead with executing or complying with the judgement pending the appeal filed by the commission. “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,” he said.
The appeal is on eight solid grounds, which include that: The judge erred in law when he dismissed the appellant’s notice of preliminary objection of March 2, which challenged the competence of the suit on the grounds that it was unmeritorious; the judge erred in law when he said the suit of the APC disclosed cause of action; 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; the trial court erred in law and occasioned grave miscarriage of justice and the trial judge erred in law when he held that the appellant has indeed discriminated against APC. The learned trial judge misdirected itself in law and on facts when it awarded N500 million damages and compensation for APC. The judgement is against the weight of evidence and submissions before the trial court, among others.
The judge had dismissed NCC’s preliminary objection on the grounds that the suit was indeed a fundamental human right suit and disclosed a cause of action against the Commission. He therefore awarded damages of N500 million in favour of the APC.
— Apr. 13, 2015 @ 01:00 GMT